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Full text of "NYC FUEL (2008): New York City Fuel and Gas Code"



Plumbing Code, Mechanical Code 

and Fuel Gas Code 

of New York State 






THE CITY OF 

NEW YORK. 








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2008 New York City Fuel Gas Code 



First Printing: June 2008 



ISBN-978- 1 -5 800 1 -720-6 (loose-leaf) 



The New York City Construction Codes are based on the 2003 I-Codes, which is a copyrighted work owned by the International 
Code Council ICC reserves all rights in its copyrighted works. For information on permission to copy material exceeding fair use, 
please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). For 
information from New York City, please contact: Code Counsel, New York City Department of Buildings, 280 Broadway New 
York, New York 10007. J ' 

Trademarks: "International Code Council," the "International Code Council" logo and the "International Fuel Gas Code" are trade- 
marks of the International Code Council, Inc. 



PRINTED IN THE U.S.A. 



DEDICATION 

The New York City Construction Codes reflect the work of many, many people and organizations. The story of their development, 
detailed in the following pages, barely scratches the surface of the passion, determination, and focus that launched and kept the ef- 
fort going from beginning to end. The singular voice we heard at every juncture was that of Patricia J. Lancaster, FAIA, Commis- 
sioner of Buildings during the period of the codes ' development, adoption, and implementation planning. Without her, none of this 
would have been possible. And so, we thank the Commissioner and dedicate this first publication of the New York City Construction 
Codes in her honor. 



Fatma Amer, PE Benjamin Jones, PMP Phyllis Arnold 

Deputy Commissioner and Assistant Commissioner Deputy Commissioner and 

Chief Code Engineer Strategic Planning and Chief Code Counsel 

Implementation 



2008 NEW YORK CITY FUEL GAS CODE 



NEW YORK CITY CONSTRUCTION CODES 

PREFACE 

Background 

The New York City Construction Codes, effective July 1, 2008, are patterned after the family of model construction codes pub- 
lished by the International Code Council (ICC). While the ICC Codes, with their interpretive commentary and history of amend- 
ments, will in the future be a rich new source for interpreting the City's building laws, New York City has extensively modified the 
ICC text. As modified, the provisions incorporate the collective wisdom of more than 350 years of building regulation in the City. 

New York City was the first jurisdiction in the country to experience the problems associated with building construction in a 
high-density urban environment and the first to attempt to solve them through regulatory measures. In 1625, the Dutch West India 
Company established rules for the types and locations of houses that could be built in the colony of New Amsterdam. This early at- 
tempt at meeting public safety and sanitation needs would evolve into one of the most comprehensive building codes in the United 
States. 

Based initially on fire prevention principles, the City's regulations evolved into provisions governing sanitation and building 
construction and materials. From their start in the late 17th century, to creation of the position of "Superintendent of Buildings" 
within the Fire Department in 1860, to creation of a citywide Department of Buildings in 1 936, through comprehensive revisions in 
both 1938 and 1968, the City's building code grew to become one of the most stringent in the nation. The 1938 revisions were 
geared toward capturing provisions to meet the needs of new skyscrapers and multiple dwellings. The 1968 revisions were designed 
to incorporate new technologies and building practices, including performance criteria for building construction. 

The 1968 revisions reflect the last comprehensive update of New York City's building construction laws. Predictably, they had 
begun to show their limitations. Obsolete provisions remained on the books, conflicting amendments became loopholes for indus- 
try to navigate, and new technologies and construction practices that had become industry standards were noticeably absent. Signif- 
icant amendments over the years tended to be reactions to unfortunate events rather than comprehensive revisions. 

Recognizing these problems, in November 2002, Mayor Michael R. Bloomberg signed Executive Order No. 30, creating an ad- 
visory commission to study the feasibility of adopting a model code for the City. The Mayor's Advisory Commission issued its re- 
port in May 2003, recommending that the City adopt, in modified form, the ICC's family of codes. The NYC Construction Codes 
Program* was born, housed in and supported by the City's Department of Buildings ("Department"). 

Construction Codes Program 

Although many jurisdictions have adopted the I-Codes, New York City is recognized as a unique and premiere urban environ- 
ment. No other American city can match the diversity of New York's built environment. From the canyons of Manhattan to the 
brownstones and houses of Brooklyn, Queens, the Bronx, and Staten Island, New York City poses a unique challenge for any build- 
ing code. As a result, the City extensively rewrote the I-Codes in many technical areas. Some chapters were deleted entirely and re- 
placed with requirements that better reflect the City's singular needs. 

Moreover, given the complex nature of New York City's built environment, the Department of Buildings performed exhaustive 
reviews of the proposed code to determine the impacts it might have on the City and the construction industry, including a cost im- 
pact study and an environmental assessment. In terms of scope and level of review, New York City's construction code effort was 
more akin to a state-level effort. 

The Code Development Process 

Although administered by the Department, the Construction Codes Program reached well beyond the agency's corridors. In an 
unprecedented public/private partnership, over 400 participants from the architectural and engineering community, industry, labor, 
and government contributed more than 300,000 hours attending more than 500 technical, advisory, and managing committee meet- 
ings, as they pored over and developed new text and debated policy. 

Recognizing that any significant stakeholder opposition at the City Council could frustrate the effort, the Department used a con- 
sensus-based model. Technical committees were asked to reach agreement on as many proposed changes as possible, a process that 
yielded a result on all but about two dozen issues. The Department mediated a resolution on seven of those issues, and the Commis- 
sioner made the final determination on the remaining ones. The result was that virtually all stakeholders walked away with some- 
thing and had an interest in seeing the product enacted as law. Issues that proved too difficult to resolve for this revision were 
committed to the 3 -year revision cycle contemplated by the ICC model. 

The first phase of the Construction Codes Program was completed in December 2005, when the Council enacted and the Mayor 
signed Local Law 99 of 2005 . That legislation established the blueprint for the City's adoption effort: it enacted a new Title 28 of the 
New York City Administrative Code reflecting new administrative and enforcement provisions as well as a new plumbing code; it 
contemplated the subsequent passage of a completion bill, consisting of a new building code, mechanical code, fuel gas code and 

^Formerly Model Code Program 

iv 2008 NEW YORK CITY FUEL GAS CODE 



residential code; and it provided an effective date of July 1, 2007 for all provisions, provided that the completion bill was passed by 
that date. 

Local Law 33 of 2007 was that completion bill. It revised the administrative and enforcement provisions of Local Law 99. Many 
of those provisions were edited and placed in more appropriate locations in the first chapter (Chapter 1) of the individual codes. 
Moreover, Local Law 99 did not contain a complete and uniform schedule of penalties, requiring the development of an integrated 
enforcement text. And of course, it filled out the technical provisions of the new construction codes by adding a new building code, 
fuel gas code, and mechanical code. Local Law 33 repealed those portions of Titles 26, 27, and 28 of tht Administrative Code super- 
seded by the new provisions. All portions of the new construction codes are effective July 1 , 2008, although they will not be manda- 
tory until July 1,2009. 

Three other local laws complete the package of legislation reflected in this publication: Local Laws 37 and 38 of 2007 and Local 
Law 8 of 2008. Each of those enactments contained provisions either making nonsubstantive corrections and clarifications or incor- 
porating stand-alone legislation that was not reflected in Local Law 33. 

Structure and Applicability of the New Codes 

The new Title 28 contains five chapters that will govern all of the new construction codes, covering administration, enforcement, 
maintenance obligations, licensing, and miscellaneous provisions, including outdoor signs. These provisions were written by and 
for New York City and thus do not appear in the I-Codes. They are followed by four additional chapters containing the plumbing, 
building, mechanical, and fuel gas codes. Each of the individual codes, in turn, contains a Chapter 1 with additional administrative 
provisions applicable to the specific matters covered by the particular code. Each of the separate codes reflects modifications to the 
I-Codes. 

Section 28-101 .4 contains the effective date provisions. The new codes will apply effective July 1 , 2008, prospectively to all new 
construction. For a period of 1 year after the effective date, owners may elect to use the technical requirements of the 1968 building 
code for new buildings and for alterations of existing buildings. After that 1 year period, new construction must comply with the new 
codes. However, alterations of existing buildings, at the option of the owner, will be permitted to comply with the 1968 building 
code, with significant exceptions noted below that the Department determined are sufficiently important to public safety to be im- 
plemented immediately regardless of the choice of underlying code. 

Provisions of Title 28 that apply to all codes should be cited as "28-section number." The technical codes may be cited sepa- 
rately; provisions of each should be cited as "PC section number," "BC section number," "MC section number," and "FGC section 
number" Section 28-101.3 governs the interpretation of the various codes, sections, and subsections of the law by providing: 

28-101.3 Codes. Any reference in this title to "this code" or "the code" shall be deemed to be a reference to this title and all of the 
codes comprising the New York City Construction Codes unless the context or subject matter requires otherwise. Whenever a 
section or subsection of this code is cited or referred to, subordinate consecutively numbered sections and subsections of the 
cited provision are deemed to be included in such reference unless the context or subject matter requires otherwise. 

While the Department expects to promulgate new rules necessary to implement the new codes, Local Law 8 provides that exist- 
ing rules are continued: 

§28-103.20 Rules. Rules promulgated by the department in accordance with the law in effect prior to the effective date of this 
code shall remain in effect for the matters covered to the extent that such rules are not inconsistent with this code unless and until 
such rules are amended or repealed by the department. 

Existing Buildings 

While the ICC family of codes includes an existing building code, the Department determined to continue to allow compliance 
with the 1968 code as a first step in transitioning from the 1968 code to a new set of standards for all buildings. Once the codes re- 
garding new construction are in place, the Department will turn to the development of an existing building code for the city, antici- 
pated within the next 2 to 3 years. In the interim, at the owner's option, existing buildings may be governed by either the new codes or 
the technical requirements of the 1968 building code. The latter option is subject to several important exceptions: 

• Where permits were issued prior to July 1, 2008, construction will be governed by the laws in effect prior to July 1, 2008. 

• As of July 1, 2008, except as otherwise limited by the commissioner, administration and enforcement will be in accordance 
with the new provisions, including but not limited to approval of construction documents, issuance of permits and certifi- 
cates of occupancy, tests and inspections, penalties and enforcement. Controlled inspections and semi controlled inspections 
as referenced in the 1 968 building code will be deemed to be special inspections and will be required to comply with the new 
provisions relating to special inspections. Materials regulated in their use by the 1968 building code will be required to com- 
ply with the new provisions. 

• For permits issued after July 1, 2008, construction operations, including demolition, will be required to comply with the new 
construction codes. 

• As of July 1, 2009, encroachments onto the public right-of-way will be governed by the new construction codes. 

2008 NEW YORK CITY FUEL GAS CODE v 



• As of July 1 , 2009, appliances, equipment, and systems regulated by the plumbing, mechanical and fuel gas codes will be re- 
quired to comply with the new construction codes. 

• As of July 1 , 2009, installation, alteration and additions to certain fire protection systems will be required to comply with the 
new construction codes. 

• As of July 1 , 2009, installation and alteration of certain elevators, conveyors, and amusement rides will be governed by the 
new construction codes. 

• As of July 1, 2009, where the estimated cost of an alteration in any 12-month period exceeds 50 percent of the cost of re- 
placement of the building or where there is a change in the main use or dominant occupancy of the building, facilities for 
people with physical disabilities must comport with the new construction codes. 

The City did not enact a new residential code. The ICC's residential code covers one- and two-family dwellings three stories or 
less, whereas its building code covers all other new buildings. After reviewing the work product of the technical committees that de- 
veloped the text, the Department concluded that the City could effectively address one- and two-family dwellings in the body of the 
building code itself. Accordingly, the new building code covers new construction of all building types. 

Enforcement of Construction Codes and their Relationship to New York State Law 

The Department is charged with the responsibility for enforcing the construction codes in the City. New York City Charter §643. 
Effective January 2003, New York State adopted its version of the I-Codes, but they do not govern in New York City. Executive Law 
§383. However, the City is subject to the Energy Conservation Construction Code of New York State ("Energy Code"). Accord- 
ingly, the Department enforces both the New York City Construction Codes as well as the State Energy Code in New York City. 

Codes Maintenance 

At the national level, the I-Codes are kept current through the review of proposed changes submitted to the ICC by code enforce- 
ment officials, industry representatives, design professionals and other interested parties. Proposed changes are considered through 
an open code development process in which all interested and affected parties may participate. 

The Department is mandated by Local Law 33 to review the latest edition of the I-Codes and to suggest modifications for use 
within New York City. This cycle will help ensure that New York City maintains an updated set of construction codes far into the fu- 
ture. This revision cycle is anticipated to occur every 3 years. 

Marginal and Other Markings 

Solid vertical lines in the margins within the body of the codes indicate a technical change from the 2003 version of the I-Codes. 
Deletion indicators s *) are provided in the margin where a paragraph or item has been deleted. 

A double dagger (£) within the body of the codes indicates text that is corrected from the enacted legislation for purposes of clar- 
ity. Substantive corrections will appear in future code revisions. 

Indices 

These codes do not include indices. An index for each of the individual codes will be available at a later date on the New York 
City Department of Buildings Website (http://www.nyc.gov/html/dob). 



2008 NEW YORK CITY FUEL GAS CODE 



ACKNOWLEDGEMENTS 

The New York City Department of Buildings gratefully acknowledges the following individuals who 
contributed to the development of the New York City Construction Codes. 

Mayor Michael R. Bloomberg 

Deputy Mayor Daniel L. Doctoroff 

Deputy Mayor Edward Skyler 

NEW YORK CITY COUNCIL 

Christine Quinn, Speaker 
Gifford Miller, Speaker 

Housing and Buildings Committees 
Erik Martin Dilan, Chair 

Members : Tonv Avella: Maria Baez; LeroyG.Comrie, Jr.; Lewis A.Fidler; Robert Jackson; Rosie Mendez; James S.Oddo; Joel 

Rivera; Thomas White, Jr.; James Vacca 

Madeline Provenzano, Chair 
Members: Tony Avella; Gale Brewer; LeroyG.Comrie, Jr.; Lewis A. Fidler; Robert Jackson; Letitia James; MelindaKatz; James 
S. Oddo; Diana Reyna; Joel Rivera 

MANAGING COMMITTEE 

Members: Julian Bazel; Robert Benazzi, PE; John Bower, PE; Aine BraziJ, PE; Irwin Cantor, PE; Bernie Carr; Louis J. Coletti; 
Anthony Crowell; Marolyn Davenport; Chief Stanley Dawe (retired); Edward DePaola, PE; Enzo Depol, AIA; Erik Martin Man; 
Carl Galioto FAIA; Melvin Glickman; Maria Gotsch; Jessica Handy; Chief Howard Hill, FDNY (retired); Chief Thomas Jensen; 
Timothy Joseph; Henry C. Kita; James Kunen; Gary LaBarbera; Nicholas LaPorte; Fred Lindquist, PE; Ronny Livian, PE; Pam 
Loeffelman- Edwin Lopez; Edward Malloy; Herbert Mandel, AIA; James Maxwell; Raymond McGuire; Patrick McPartland, PE; 
Brian Meacham, PE; Peter Molinaro; Monty Mitchell, AIA; Fruma Narov, PE; Patty Noonan; Paul O'Brien; Stewart O'Brien- Anne 
Papageorge, RLA; Madeline Provenzano; Martin Rebholz, RA; George Reilly; Jack Rudin; Matthew Sapolin; Ismene Speliotis; 
William Stein, AIA; Gerard Vasisko, AIA; Chester Vogel, PE; Margot Woolley; Michael Zenreich, RA 

TECHNICAL COMMITTEES 

Accessibility 

Matthew Sapolin, Chair 

Robert Piccolo, AIA, Co-chair 

Members - Fredric Bell, FAIA; Brian Black; Dennis R. Boyd; Douglas W. Boydston; Marrilie Camhe; Gregory J. Carlson; Charles 
Cellura PE- Ernest Conrad PE; Marolyn Davenport; Anne M. Davis; Enzo Depol, AIA; Sheila Horgan; Nicholas A. Kaminski; 
Mark H Leeds- Diane Lowy; Dominic Marinelli; Jason R. Mischel; Terrence J. Moakley; Edward D. Re, Jr., RA; Mary Ann 
Rothman; Charles Rudesill, RLA; John A. Van Deusen; Elliott Vilkas, AIA; Linda M. Volpe; Suzanne Wertz, AIA; Brian M. White; 
Alexander Wood 



2008 NEW YORK CITY FUEL GAS CODE V " 



Admini stration/Enforcement 
Fatma Amer, PE, Chair 
Marzio Penzi, Co-Chair 



Members : Susan Bacas; Fredric Bell, FAIA; Harvey Brind; John M. Callahan; Suzanne Carroll; Maralyn Davenport- Albert 
Fredericks; James Hirani; Janene Jaeger; Michael Jaycox; David May, RA; Peter McCourt; Stewart O'Brien- John O'Dono^hue* 
Christine Pawelczak; Joseph Polcha; Martin Rebholz, RA ; Dennis Rizzo; George Roussey ; Douglas Roy; Medhat Salaam- Manuel 
A. Santiago, RA; Gaston Silva, RA; Carole Slater; Paul Spears; Jose Valencia; Kenneth Warshaw; Mareot Woollev AIA* Tarek 
Zeid JJ 



Construction Requirements 
Ronny A. Livian, PE, Chair 
Enzo Depol, AIA, Co-Chair 

Members : Jose P h Aliotta ; Robin Burns; Colin Cheny; Dennis Crichton; Glen V. Cutrona, AIA; Nicholas Grecco PE* Gary B 
Higbee, AIA; Harold Jupiter; Jeffrey Kieffer; Edward T. LaGrassa, RA; Joseph Razza, PE; Brendan Weiden, PE ' 

Construction Safety / Demolition 

Louis J. Colletti, Chair 

Henry C. Kita, Co-Chair 

Members : James Bifulco; David Bolger; Kenneth Brancaccio; Ken Buettner; James Conway; Marolyn Davenport- Ted Frank- Al 
Gerosa; Michael Handler; Joseph S. Kaming, PE; Michael LaBate; Chief Daniel Martinetion, FDNY; Frank McArdle- Jerry 
McCloskey; Joyce Nastasi; Paul O'Brien; John O'Hare; James Ramsburgh; Bruce Rottner; Larry Shapiro, PE; Joseph tolas- 
Harry Weidmyer to ' 

Egress 

William Stein, FAIA, Chair 

John McCormick, PE, Co-Chair 

Members: Warren Calwil, AIA; Roberta Darby Curtis, AIA; Sheila Horgan; Mariana Lishnevski, RA; Chris Marrion PE- Guy 
Maxwell, AIA; William McShane, PE; Richard Murphy; Peter E. Olney, AIA; Michael Plottel, AIA- George Shelden AIA- 
Kathleen Sullivan, AIA; Chief Jack Taddeo, FDNY; Ron Tagliagambe, RA; Hamir Vadi, RA; Chief James Wendling, FDNY ' 

Elevators 
Patrick McPartland, PE, Chair 

Members: Christopher Afuwah; John Beckmann; Jeff Blain; Tom Donovan; Jim Duffy; Jerry L. Frascelli- Caiman Goldstein PE - 
Hubert Hayes; Shaji Joseph; Andrei Peck; John Merkel, PE; Nicholas Montessano; Kevin Murphy; Robert Walsh ? ' 

Existing Buildings 

Michael Zenreich, RA, Chair 

Monty Mitchell, AIA, Co-Chair 

Members: George Belnavis; Warren Calwill, AIA; Marolyn Davenport; Elliott M. Glass; Alex Herrera; Ambrose A Kelly AIA- 
Ben Lavon, PE; Robert J. Marino; Elizabeth McTigue; William Neeley; Robert K. Otani, PE; Michael Ploflcer, AIA; BrianWhiW 
Jvlana Yao ' 



Fire Protection 

Chief Stanley Dawe, FDNY (retired), Chair 

Chief Howard Hill, FDNY (retired), Chair 

John Bower, Co-Chair 

Memhas: Glenn P. Corbett; Captain John Dunne, FDNY; Joseph P. Esposito; Chief Edward Ferrier, FDNY; James W. Guinan PE- 
Michael P. Gimpel; Thomas Hill; David Jacoby, PE; Chief Thomas Jensen, FDNY; Frank Lorenz, PE; Chris Marrion PE- Joseph 
McCormick Jr.; James McGowan; Jack J. Murphy; Nicholas Peluso, RA; Joseph Razza, PE; Chief Patrick Savage FDNY- Frank J 
Servello; Chief Ronald Spadafora, FDNY; Jack Torpey ; Stephen Weinryb, AIA; John J. Whalen 

viii 

2008 NEW YORK CSTY FUEL GAS CODE 



Materials 
Fruma Narov, PE, Chair 

Members : Carmine Attanasio; Casimir Bognacki, PE; Pablo Bruno; Sam Francis; Thomas Gesauldi; Raymond Heun, PE; Sheila 
Horgan; Jonathan Humble, AIA; Eve Lustig; Stephen Moro; Mathew Park, AIA; Carmela Pasqua; Michael Peragine; Steve 
Rosario; Michael Stallone; Siglinde Stern, RA; Robert Vecchio, PhD, PE; Judith Zuckerman 

Mechanical 
Chester T. Vogel, PE, Chair 

Members : Valentin Antohi, PE; Rock J. Antonios, PE; Edward T. Bosco, PE; Chief Richard Callery, FDNY; Ernest Conrad, PE; 
Elias F. Dagher, PE; Frank DeNicola; John L. Elder, PE; Joseph P. Esposito; Roger Firoozan; Robert F. Germain, PE; James Hansen, 
PE; William Hayes; Kevin T. Lillis; John Maniscalco; Christopher O. McHugh, PE; Paul Parker; Daniel J. Pitiger; Abraham 
Pitsirilos; Ashok Raiji, PE; Michael Reese, PE; Chaya Romano, PE; Alfred Schroeder; Thomas A. Seery, PE; Mitchel W. Simpler, 
PE; William M. Singer, RA; John S. Solla, PE; David Tanenbaum, PE; Laurence Turner, PE; James D. VerEecke, PE; Saul Wechter; 
Donald J. Winston, PE; John Yacovone 

Plumbing 
Robert Benazzi, PE, Chair 

Members : Edward J. Angelone; Julius Ballanco; Robert J. Bellini; John D. Callaghan; Thomas Cavallo; Jon J. Conway; Dom Diaz; 
Charles A. Dimino; Robert Greenburg; James Hart; John Hubbard; Kenneth E. Klein, PE; Garo Kourmjian, CIPE; Aydin Kurun; 
Dan Lucarelli; Kush Makhijani; John D. McMullen; Ardash Meguerdichian; Anthony J. Montalto; Phillip F Parisi Jr.; George W. 
Reilly; Robert J. Ricco Sr.; Anthony Rini; Stephen Rosario; Vincent Scialli; Richard A. Stamm, PE; Vic Struber; Richard Toder; 
Hershel Weiss, CIPE; Battalion Chief Brian M. White, FDNY; Leonard A. Williams; Frantz V Woolley, PE 

Residential 
Herbert L. Mandel, AIA, Chair 
Gerard Vasisko, AIA, Co-Chair 

Members : Willis DeLaCour, AIA; Steven Faicco, RA; Michael S.Gelfand, AIA; Alan Goldstein, AIA; Battalion Chief Edwin 
Huberts, FDNY (retired); Edward Lauria, PE; Nicholas Lembo; David Mandl, AIA; James McCullar, FAIA; Battalion Chief John 
McEneaney, FDNY; James Muscianesi; Steven Pekofsky; Eftihia Tsitiridis, AIA; Richard Visconti, AIA; Susan Wright, AIA 

Structural / Foundation 

Irwin G. Cantor, PE, Chair 

Edward M. DePaola, PE, Co-Chair 

Members : Robert Abramson, PE; Hamid R Adib, PE; Robert Alperstein, PE; William F. Baker, PE; Tim Barnard, PE; Andrew 
Ciancia, PE; Frank M. Clemente, Jr., PhD, PE; Charles A. DeBenedittis; Brian A. Falconer, PE; Bill Faschan, PE; Satyendra K. 
Ghosh; Ramon Gilsanz, PE; Douglas P. Gonzalez, PE; Jacob Grossman, PE, FACI; Borys I. Hayda, PE; Kenneth A. Hiller, PE; 
Cawsie Jijina, PE; Robert Ledwith; Craig A Leech, PhD, PE; J. Butch Almazan Macutay, Jr., PE; Stephen S. Marchese, PE; Joel 
Moskowitz, PE; Michael Mota, PE; Andrew D. Mueller-Lust, PE; Sissy Nikolaou, PhD, PE; Allan Paull, PE; Ricardo M. Pittella, 
PE; Ahmad Rahimian, PhD, PE; Karl J. Rubenacker, PE; Raymond E. Sandiford, PE; Christopher Schneider; Jeffrey Smilow, PE; 
Robert Smilowitz, PE; Michael J. Squarzini, PE; George J. Tamaro, PE; Andrew Vanderveen; Bojidar Yanev, PE; Bernard Yostpille, 
PE; John Zils, PE; Rick Zottola, PE 



2008 NEW YORK CITY FUEL GAS CODE ix 



ADVISORY COMMITTEES 



Affordable Housing 

Bertha Lewis/Ismene Speliotis, Co-Chair 

Bernie Carr, Co-Chair 

Members : Vicki Been; Les Bluestone; Carlton Browne, RA; James Buckley, Don Cappocia; Howard Chin, RA; Willis Delacour; 
John Ferndell; Maureen Friar; Cindy Harden; David Hunter; Carol Lamberg; Brad Lander; Roland Lewis; Magnus Magnusson' 
AIA; Lucille McEwen; Constantino Sagonas; Petr Stand; Hugo Subotovsky, AIA; Philip Tugendrajch; John Tynan; Adam 
Weinstein 

Banking and Insurance 
Peter Molinaro, Co-Chair 
James Maxwell, Co-Chair 

Members : Berdj Benlian; Joseph Charczenko; James Chin; Ralph Dorio; Dorothy Harris; Matthew Kamin, PE; Roberta Kotkin; 
John Murphy; Thomas Reilly 

Economic Develop ment 

Maria Gotsh, Chair 
Patty Noonan, Co-Chair 

Members : Sandra Acosta; Bill Fair; Veronica Hackett; Susan L. Hayes; Damon Hemmerdinger; Melissa Konur; Irwin Lefkowitz, 
AIA; George Mejias; Richard Radliffe; Jeff Roseman; Frank J. Sciame; Mitch Simpler, PE; Scott Simpson, FAIA; Stanley Stark! 
AIA; Marilyn J. Taylor; Daniel R. Tishman; Elise Wagner; John F. Williams; Jane Woodcock; Alan Yood 

Labor 
Gary LaBarbera, Chair 

Members : Kuba Brown; James P. Conway; Martin Daly; Thomas Gesualdi; Dennis Ippolito; Howard Kelly; Robert Ledwith; Brian 
Mullins; George W. Reilly; John Torpey; Sandy Vagelatos 

Risk & Security 

Brian Meacham, PhD, PE, Chair 

Gayle Katzman, PE, Co-Chair 

Mario Palmieri, RA, Co-Chair 

Members : George Bauries, PhD; Matt Bednar: Len Billet; Dan Brown; Andy Chin; Peter Ciotoli; Cheryl Coto; Dorothy Harris; 
David Harville; Gary Higbee; Gayle Katzman, PE; Stuart Klein; Tracy Leibowitz; May Ann Marrocolo; Lt. Cmdr, Luis Martinez^ 
USCG; Mario Palmieri, RA; Ashok Patel, PE; Joseph Razza, PE; Brady Richards; Marco Shmerykowsky, PE 

Sustainability 
Deborah Taylor, AIA, Chair 

Members : Carlton Browne, RA; Scott Ceasar, PE; Colin Cheney; Earnest Conrad, PE; Randolph R. Croxton, FAIA; Michael 
Deane; Martin Dettling; Susan Drew, FAIA; Robert Fox, FAIA; Robin Guenthher, FAIA; Ashok Gupta; Mark Harari, PE; Adam 
Hinge, PE; Susan Kaplan, LEED AP; Henry C. Kita; John Krieble, RA; Joyce Lee, AIA; Murray Levi, AIA; Robert Licopoli, PE; 
Warren Liebold; James A. Luke, PE; Helena Meryman, PE; Dr. Albert Montague; Dan Nail, FAIA, PE; Thomas Outerbridge; 
Anthony O. Pereira; Thomas Scarola; William Stein, FAIA; Adrian Tuluca, FAIA; Anthony Woo, PE 



2008 NEW YORK CITY FUEL GAS CODE 



NYC DEPARTMENT OF BUILDINGS 

Rosaura Almonte; Oscar Alvarez; Fatma Amer, PE; Susanne F. Arbitman; Phyllis Arnold; Fred Badalamenti; Jon Bosse; 
Irving Brofsky; Sharon Brown; Louis J. Bunk; James Colgate, RA; Arthur Cordes; Maurice Cosentino; Robert Daly; Makeda 
Davis; Danielle Delahanty; Michelle Depew; Siun Derkhidam; Dan Eschenasy, PE; Donald Franklin; Bonnie Gerard; Allison 
Ginsburg; Helen Gitelson; Adam Goold; Randi Gordon; Donald Gottfried; Danielle Grillo; Faizul Haque; Robert lulo; Benjamin 
Jones, PMP; Natarsia Joye; Kelly Kamen; Kristen Keller; Patricia Ketterer; Bethany Klein, PE; Patricia Knobloch, RA; Stephen 
Kramer; Marietta Kremmidas; Derek Lee, RA; John Lee, RA; Vivian Lieberman; Terrence Lin, PE; Timothy Lynch, PE; Andrea 
Maggio; Sam Marcovici; Ronald McCain; Sabrina Panfilo; Marinetta Paone; Marzio Penzi; Alan Price; Sharmila Rampersaud; Eric 
Reid, PE; Gathfney Sanders; Sandy Santemaria; Michael Schneider; Mona Seghal; Chantal Senatus; Manher Shah, PE; 
Bashirahmed Shaikh, PE; Charles Shelhamer; Dehlia Shumway, PE; Sharima Singh; Constadino (Gus) Sirakis, PE; Deborah 
Taylor, AIA; Glanda Thomas; Lei Tian; Luis Torres, Valerie Tourso; Jr.; Laurence Turner, PE; Andrey Vishev; Harry Vyas; Keith 
Wen, RA; Peggy Willens; Dennis Zambotti 

NYC CITY COUNCIL STAFF 
Rick Arbelo; Benjamin Goodman; Jeffrey Haberman; Terzah Nasser; Ramon Martinez III, Kamilla Sjoden 

NYC LAW DEPARTMENT 

Stephen Ackerman; Martha Alfaro; Andrea Berger; Michael Cardozo; Carlos Cruz-Abrams; Kevin Ellis; Andrea Fastenberg; 
Spencer Fisher; Tal Golomb; Ashley Goodale; Olivia Goodman; Steven Goulden; William Heinzen; Jack Hupper; Stephen Louis; 
Phebe Macrae; Karen Miller; Keith Miloscia; Ines Nedelcovic; Michael Pastor; Melanie Perez; Jonathan Pinn; Natalie Prokop; 
Evan Sinclair; Rochelle Wakefield; Katherine Winningham 

OTHER GOVERNMENT AGENCIES 

New York City Department of City Planning; New York City Economic Development Corporation; New York City Department of 
Environmental Protection; New York City Department of Health & Mental Hygiene; New York City Department of Housing 
Preservation & Development; New York City Landmarks Preservation Commission; New York City School Construction 
Authority 

PORT AUTHORITY OF NEW YORK & NEW JERSEY 
Casimir Bognacki, PE; Saroj Bhol, PE; Mario Palmeri, RA; Ray Sandiford, PE; Hamir Vadi, RA; Bernard Yostpille, PE 

CONSULTANTS 

AKRF, Inc; Curtis + Ginsberg Architects LLP; DeSimone Consulting Engineers, PLLC; Grubb & Ellis; Gruzen Samton Architects 
LLP; Irwin G. Cantor PE; M-E/Vogel Taylor Engineers; Otis Elevator Company; Severud Associates, Consulting Engineers PC; 
STV Incorporated in association with the NYC School Construction Authority; Turner Construction Company; Thornton 
Tomasetti; Weidlinger Associates Inc. 

COVER DESIGN 
Rachel Blandi 

COVER PHOTOGRAPH 
Andreanna Seymore 



The code development process involved the work of more than 400 individuals. Together with the Committee Chairs, the 
Department has made every effort to include all who participated. Any errors or omissions in the Acknowledgments are entirely un- 
intended. 



2008 NEW YORK CSTY FUEL GAS CODE xi 



xii 2008 NEW YORK CITY FUEL GAS CODE 



TABLE OF CONTENTS 
GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 1 ADMINISTRATION A-l 

Article 101 General A-l 

Section 

101.1 Title A-l 

101.2 Intent A-l 

101.3 Codes A-l 

101.4 Effective Date A-l 

101.5 Definitions A-2 

Article 102 Applicability A-5 

Section 

102.1 General A-5 

102.2 Other Laws A-5 

102.3 Separability A-5 

102.4 Existing Buildings A-5 

102.5 Grading of Lots A-5 

102.6 Appendices A-5 

102.7 References in Other Laws A-5 

Article 103 Duties and Powers of 

Commissioner of Buildings A-6 

Section 

103.1 Jurisdiction A-6 

103.2 Interpretation A-6 

103.3 Variations A-6 

103.4 Appeals A-6 

103.5 Seal; Judicial Notice A-6 

103.6 Proofs, Affidavits and Oaths A-6 

103.7 Cooperation of Other Departments A-6 

103.8 Matters Not Provided For A-6 

103.9 Additional Tests A-6 

103.10 Supporting Documentation for Materials . A-6 

103.11 Applications and Permits A-7 

103.12 Identification A-7 

103.13 Right of Entry A-7 

103.14 Department Records A-7 

103.15 Insurance A-7 

103.16 Inspections of Completed Buildings, 

Structures, Signs, Service Equipment and 
Construction Machinery and Equipment .... A-7 



103.17 Certain Outside Work, Employment and 

Financial Interests of Department 

Employees Prohibited A-7 

103. 1 8 Investigation of Complaints A-7 

103.19 Addition, Modification, and Deletion of 

Referenced Standards A-7 

103.20 Existing Rules Continued A-8 

Article 104 Construction Documents A-8 

Section 

104.1 General A-8 

104.2 Application for Approval of Construction 

Documents A-8 

104.3 Amended Construction Documents A-10 

104.4 Place of Filing A-10 

104.5 Fees A-10 

104.6 Applicant A-10 

104.7 Submittal of Construction Documents A-10 

104.8 Applications A-l 1 

Article 105 Permits ... A-12 

Section 

105.1 General A-12 

105.2 Classification of Work Permits A- 13 

105.3 Separate Permits Required A- 13 

105.4 Work Exempt from Permit A-13 

105.5 Application for Permit A-15 

105.6 Fees A-15 

105.7 Time Limitation of Applications A-15 

105.8 Validity of Permit A-15 

105.9 Expiration A-15 

105.10 Suspension or Revocation of Permit A-15 

105.11 Posting of Permit A-15 

105.12 Conditions of Permit A-15 

Article 106 Asbestos Investigation A-16 

Section 

106.1 Asbestos Investigation A-16 

106.2 Demolition and Alteration of Buildings 

Constructed on or Before April 1, 1987 ... A-16 

106.3 Asbestos Project A-16 

106.4 Definitions A-16 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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Article 107 Alteration or Demolition of Single 
Room Occupancy Multiple 
Dwellings A-16 

Section 

107.1 General A-16 

107.2 Definitions A-16 

107.3 Covered Categories of Work A-17 

107.4 Required Submittal Documents A-17 

107.5 Filing Process A-17 

107.6 Time Period for Acceptance or Rejection A-17 

107.7 Denial of Certification A-17 

107.8 Request for Stop-Work or Rescission A-18 

107.9 Effect of Denial or Rescission A-18 

Article 108 Pavement Plan A-18 

Section 

108.1 General A-18 

108.2 Pavement Plan Required A-18 

108.3 Improvement of Streets A-18 

Article 109 Fire Protection Plan A-18 

Section 

109.1 Fire Protection Plan Required for Covered 

Buildings A-18 

109.2 Covered Buildings . A-18 

109.3 Scope A-18 

Article 110 Site Safety Plan A-19 

Section 

110.1 Site Safety Plan A-19 

1 10.2 Phased Site Safety Plans A-19 

Article 111 Temporary Structures and Uses . . A-19 

Section 

111.1 General A-19 

111.2 Conformance A-20 

1 1 1.3 Termination of Approval A-20 

111.4 Application Processing A-20 

111.5 Fees A-20 

Article 112 Fees A-20 

Section 

112.1 Payment of Fees A-20 

1 12.2 Schedule of Permit Fees A-20 

1 12.3 Building Permit Valuations A-20 

1 12.4 Work Commencing before Permit Issuance . . . A-20 



112.5 Related Fees A-20 

1 12.6 Refunds and Rebates A-20 

1 12.7 Inspection Fees A-21 

112.8 Special Fees A-21 

112.9 Lien on Premises for Unpaid Fee or 

Other Charge A-21 

Article 113 Materials A-29 

Section 

113.1 General A-29 

113.2 Use of Materials A-29 

1 13.3 Approval Procedure A-30 

113.4 Labeling A-30 

Article 114 Approved Agencies A-30 

Section 

114.1 General A-30 

1 14.2 Written Evaluation by Approved Agency A-31 

1 14.3 Records A-31 

1 14.4 Re- Authorization of Approved Agencies A-31 

Article 115 Special Inspectors A-31 

Section 

1 15.1 General A-31 

1 15.2 Disqualification A-31 

1 15.3 Records A-31 

Article 116 Inspections and Sign-Off of 

Completed Work A-31 

Section 

116.1 General A-31 

116.2 Types of Inspections A-3 1 

1 16.3 Inspection Requests A-32 

1 16.4 Sign-off of Completed Work A-32 

116.5 Payment of Outstanding Penalties A-32 

1 16.6 List of Approved Inspection Agencies A-32 

1 16.7 Fabricator Approval A-32 

Article 117 Places of Assembly A-33 

Section 

117.1 Place of Assembly Certificate of Operation . . . A-33 

117.2 Temporary Place of Assembly Certificate 

of Operation A-33 

1 17.3 Duration and Renewal of Certificate A-33 

1 17.4 Security Guards A-33 



xsv 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



TABLE OF CONTENTS 



Article 118 Certificates of Occupancy A-33 

Section 

18.1 General Provisions A-33 

18.2 New Buildings or Open Lots A-33 

18.3 Completed Buildings or Open Lots A-34 

18.4 Applications for Certificates of Occupancy . . . A-34 

18.5 Review of Applications for Certificates of 

Occupancy A-34 

18.6 Issuance of Certificate of Occupancy A-34 

18.7 Pavement Plan A-35 

18.8 Sanitary/Storm Water Drainage A-35 

18.9 Fire Protection Plan A-35 

18.10 Electrical Work A-35 

18.11 Certificates of Compliance A-35 

18.12 Place of Assembly Certificate of Operation . . A-35 

18.13 Certificates of Occupancy for Air- Inflated 

Structures, Air-Supported Structures, and 

Tents A-35 

18.14 Payment of Outstanding Penalties A-35 

18.15 Temporary Certificates of Occupancy. ...... A-35 

18.16 Amended Certificate of Occupancy A-35 

18.17 Revocation of Certificates of Occupancy .... A-36 

18.18 Record of Certificates A-36 

18.19 Posting of Certificates of Occupancy A-36 

Article 119 Service Utilities A-36 

Section 

119.1 Connection of Service Utilities A-36 

1 19.2 Temporary Connection A-36 

119.3 Authority to Disconnect Utility Service A-36 

CHAPTER 2 ENFORCEMENT A-37 

Article 201 General A-37 

Section 

201.1 Unlawful Acts A-37 

201.2 Classification of Violations A-37 

201.3 Methods of Enforcement A-37 

201.4 Aggravating and Mitigating Factors A-38 

Article 202 Civil Penalties A-38 

Section 

202.1 Civil Penalties A-38 

202.2 Continuing Violations A-38 



Article 203 Criminal Penalties A-38 

Section 

203.1 Criminal Fines and Imprisonment A-38 

203.2 Continuing Violations A-38 

Article 204 Environmental Control Board A-38 

Section 

204.1 General A-38 

204.2 Order to Certify Correction A-38 

204.3 Failure of Proof A-38 

204.4 Failure to Certify the Correction of a 

Violation A-39 

204.5 False Statements in Certification of 

Correction A-39 

204.6 Tax Lien A-39 

Article 205 Civil Judicial Proceedings A-39 

Section 

205.1 Civil Judicial Enforcement A-39 

Article 206 Criminal Judicial Proceedings A-40 

Section 

206.1 Criminal Judicial Enforcement A-40 

Article 207 Peremptory Orders A-41 

Section 

207.1 Contents and Service A-41 

207.2 Stop Work Orders A-41 

207.3 Public Nuisance A-41 

207.4 Vacate Order A-41 

207.5 Cease Use Orders for Service Equipment A-42 

Article 208 Commissioner's Request for 

Corrective Action A-42 

Section 

208.1 Commissioner's Request for 

Corrective Action A-42 

Article 209 Commissioner's Order to Correct 

Unlawful Use or Condition A-42 

Section 

209.1 General A-42 

209.2 Contents and Service of Orders A-43 

Article 210 Illegal Conversions A-43 

Section 

210.1 Illegal Residential Conversions A-43 



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210.2 Illegal Industrial or Manufacturing 

Conversions A-43 

Article 211 False Statements A-43 

Section 

211.1 False Statements in Certificates, Forms, 

Written Statements, Applications, 

Reports or Certificates of Correction A-43 

211.2 Falsely Impersonating an Officer A-43 

Article 212 Abatement of Public Nuisance 
Caused by Certain Illegal 
Occupancies A-43 

Section 

212.1 Abatement of Public Nuisances Caused 

by Illegal Commercial or Manufacturing 

Occupancy in Residence Districts and 

Certain other Zoning Districts A-43 

212.2 Order of Closure A-43 

212.3 Notice of Hearing A-44 

212.4 Service of Notice of Hearing A-44 

212.5 Conduct of Hearing by Office of 

Administrative Trials and Hearings A-44 

212.6 Lack of Knowledge Not a Defense A-44 

212.7 Closure Not an Act of Possession A-44 

212.8 Posting of Order of Closure A-44 

212.9 Enforcement of Order of Closure A-44 

212.10 Rescission of Order of Closure A-44 

212.1 1 Violation of Closure Order A-45 

Article 213 Penalty for Work Without a 

Permit A-45 

Section 

213.1 Department Penalty for Work Without 

a Permit A-45 

213.2 Waiver A-45 

213.3 Payment of Penalty Required Before 

Issuance of Permit A-45 

213.4 Procedure A-45 

Article 214 Order to Seal, Secure and Close . . A-45 

Section 

214.1 Order to Seal, Secure and Close A-45 

214.2 Access to Sealed Premises A-46 

2.14.3 Additional Penalties for Harm or 

Injury from Violation of Order to Seal, 

Secure and Close A-46 



Article 215 Emergency Powers of the 

Commissioner A-47 

Section 

215.1 Emergency Work A-47 

215.2 Stopping Work and Securing Structures A-47 

215.3 Vacating Structures A-47 

215.4 Violations of Protective Measures During 

Construction or Demolition A-47 

215.5 Investigation of Accidents or Other 

Emergency Conditions A-47 

215.6 Closing Streets Temporarily A-47 

215.7 Recovery of Bodies from Wrecked 

Structures A-47 

215.8 Noncompliance with Orders; 

Execution of Work by Department A-47 

Article 216 Unsafe Buildings A-47 

Section 

216.1 Conditions Constituting an Unsafe 

Building or Structure A-47 

216.2 Record and Notice of Unsafe Building, 

Structure or Premises ■ . A-48 

216.3 Notice and Order A-48 

216.4 Method of Service A-48 

216.5 Owner Abatement of Unsafe or 

Dangerous Conditions A-48 

216.6 Survey A-48 

216.7 Court Proceeding A-48 

216.8 Execution of Precept A-49 

216.9 Return of Precept and 

Reimbursement of City A-49 

216.10 Judgment Lien A-50 

216.11 Tax Lien. ... A-50 

CHAPTER 3 MAINTENANCE OF 

BUILDINGS A-51 

Article 301 General A-51 

Section 

301.1 Owner's Responsibilities A-51 

Article 302 Maintenance of Exterior Walls . . . A-51 
Section 

302.1 General A-51 

302.2 Inspection Requirements A-51 

302.3 Immediate Notice of Unsafe Condition A-51 

302.4 Report of Critical Examination A-51 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



TABLE OF CONTENTS 



302.5 Repair of Exterior Walls, Unsafe Condition . . . A-51 

302.6 Safe Condition With a Repair and 

Maintenance Program A-5 1 

Article 303 Periodic Boiler Inspections A-52 

Section 

303.1 General A-52 

303.2 Annual Inspection A-52 

303.3 Inspection of High-Pressure Boilers A-52 

303.4 Staggered Inspection Cycles A-52 

303.5 Repair of Defects A-52 

303.6 Owner's Annual Statement A-52 

303.7 Report of Inspection A-52 

303.8 Removal or Discontinuance Notice A-52 

303.9 Additional Inspections A-52 

303.10 Fees A-52 

Article 304 Periodic Inspection of Elevators . • A-52 
Section 

304.1 General A-52 

304.2 Elevators, Escalators, Moving Walkways, 

Material Lifts, Vertical Reciprocating 
Conveyors (VRC) and Dumbwaiters A-52 

304.3 Chair Lifts and Stairway Chair Lifts A-52 

304.4 Amusement Devices A-52 

304.5 Frequency of Inspection and Testing A-52 

304.6 Inspection and Testing Process A-52 

304.7 Required Contract A-53 

304.8 Fees A-53 

304.9 Additional Inspections A-53 

Article 305 Retaining Walls A-53 

Section 

305.1 Retaining Walls, Partition Fences and 

Other Site Structures A-53 

305.2 Retaining Walls Required A-53 

305.3 Special Agreement A-53 

Article 306 Party Walls A-53 

Section 

306. 1 Responsibility for Party Walls A-53 

Article 307 Workplace Exits A-54 

Section 

307.1 Obstruction of Workplace Exits Prohibited . . . A-54 

307.2 Unannounced Inspections of 

Workplaces by Fire Department A-54 



307.3 Retaliation A-54 

CHAPTER 4 LICENSING AND REGISTRATION 
OF BUSINESSES, TRADES AND 
OCCUPATIONS ENGAGED IN 
BUILDING WORK A-55 

Article 401 General A-55 

Section 

401.1 Application A-55 

401.2 General Requirements for All Licenses A-55 

401.3 Definitions A-55 

401.4 Requirement of License A-56 

401.5 Application and Conditions A-56 

401.6 Qualifications of Applicant A-56 

401.7 Examination of Applicant A-57 

401.8 Investigation of Applicant A-57 

401 .9 Insurance A-57 

401.10 Issuance of License, Plate and/or Seal, 

where Applicable, or Certificate of 
Competence A-57 

401.11 Term of License A-57 

401.12 Renewal of License or Certificate of 

Competence A-57 

401.13 Reinstatement A-57 

401.14 Continuing Education A-57 

401.15 Schedule of Fees A-57 

401.16 Restrictions on Use of License A-59 

401.17 Use on Behalf of a Business A-59 

401.18 New York City Location Required A-59 

401.19 Suspension or Revocation of 

License or Certificate of Competence A-59 

401.20 Cooperation Required A-60 

401.21 Judicial Review of Determinations A-60 

Article 402 Site Safety Manager 

Certificate A-60 

Section 

402.1 Certificate Required A-60 

402.2 Qualifications A-60 

Article 403 Site Safety Coordinator 

Certificate A-61 

Section 

403.1 Certificate Required A-61 

403.2 Qualifications A-61 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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TABLE OF CONTENTS 



Article 404 Rigger License A-61 

Section 

404.1 Rigger License Required A-61 

404.2 Classification A-61 

404.3 Additional Qualifications A-61 

404.4 Additional Requirements A-62 

Article 405 Hoisting Machine Operator 

License A-62 

Section 

405.1 Hoisting Machine Operator 

License Required A-62 

405.2 Classification A-62 

405.3 Additional Qualifications A-62 

405.4 Fitness to Perform Work A-63 

405.5 Insurance Exemption A-63 

Article 406 Concrete Testing 

Laboratory License A-63 

Section 

406.1 Concrete Testing Laboratory 

License Required A-63 

406.2 Qualifications A-63 

406.3 Additional Requirements A-63 

406.4 No Examination Required A-63 

Article 407 Welder License A-63 

Section 

407.1 Welder License Required A-63 

407.2 Qualifications A-63 

407.3 Fitness to Perform Work A-63 

407.4 Insurance Exemption A-63 

Article 408 Master Plumber License A-63 

Section 

408.1 Master Plumber License Required A-63 

408.2 Seal A-63 

408.3 Additional Qualifications A-63 

408.4 Certificate of Competence and License, 

Plate and/or Seal A-64 

408.5 Surrender of License, Plate or Seal A-65 

408.6 Master Plumber Business A-65 

Article 409 Journeyman Plumber 

Registration A-66 

Section 

409.1 Journeyman Plumber Registration; 

Additional Qualifications A-66 



409.2 Experience A-66 

409.3 Registration Need Not Be Renewed A-66 

409.4 Registration Card A-66 

Article 410 Master Fire Suppression Piping 

Contractor License A-66 

Section 

410.1 Master Fire Suppression Piping 

Contractor License Required A-66 

410.2 Seal A-66 

410.3 Classification A-66 

410.4 Additional Qualifications A-66 

410.5 Certificate of Competence and 

License, Plate and/or Seal A-67 

410.6 Waiver of Examinations A-68 

410.7 Surrender of License, Plate and/or Seal A-68 

410.8 Master Fire Suppression Piping 

Contractor Business Required A-68 

Article 411 Journeyman Fire Suppression Piping 

Installer Registration A-69 

Section 

411.1 Journeyman Fire Suppression Piping 

Installer Registration; Additional 
Qualifications A-69 

411.2 Experience A-69 

41 1.3 No Required Expiration, Renewal or 

Reissuance A-69 

41 1.4 Required Statement A-69 

Article 412 Oil-Burning Equipment Installer 

License A-69 

Section 

412.1 Oil-Burning Equipment Installer 

License Required A-69 

412.2 Classifications A-69 

412.3 Qualifications A-69 

412.4 Fitness to Perform Work A-70 

Article 413 High-Pressure Boiler Operating 

Engineer License A-70 

Section 

413.1 High-Pressure Boiler Operating 

Engineer License Required A-70 

413.2 Qualifications A-70 

413.3 Fitness to Perform Work A-70 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



TABLE OF CONTENTS 



Article 414 Portable High-Pressure Boiler 

Operating Engineer License A-70 

Section 

414.1 Portable High-Pressure Boiler 

Operating Engineer License Required A-70 

414.2 Qualifications A-70 

414.3 Fitness to Perform Work A-71 

Article 415 Sign Hanger License A-71 

Section 

415.1 Sign Hanger License Required A-71 

415.2 Exemptions A-71 

415.3 Classification A-71 

415.4 Additional Qualifications A-71 

415.5 Additional Requirements A-71 

415.6 Fitness to Perform Work A-71 

Article 416 Filing Representative Registration A-71 
Section 

416.1 Filing Representative Registration Required . . A-71 

416.2 Exemptions A-71 

416.3 Rules A-72 

Article 417 Boards A-72 

Section 

417.1 Plumbing and Fire Suppression 

Piping Contractor License Board A-72 

Article 418 General Contractor Registration . A-72 
Section 

418.1 Requirement of Registration A-72 

418.2 Unlawful Use of General Contractor Title A-73 

418.3 Application Requirements A-73 

418.4 Warranties A-73 

418.5 Duties and Responsibilities A-73 

418.6 Posting of Disciplinary Actions A-73 

Article 419 Seizure and Forfeiture A-73 

Section 

419.1 General A-73 

419.2 Definitions A-73 

419.3 Seizure Procedure A-74 

419.4 Abandoned Property A-74 

419.5 Combined Hearings A-74 

419.6 Separate Hearings A-74 

419.7 Forfeiture Procedure A-75 



CHAPTER 5 MISCELLANEOUS 

PROVISIONS A-77 

Article 501 Maintenance Permit for 

Outdoor Signs A-77 

Section 

501.1 Permit Required A-77 

501.2 Application A-77 

501.3 Permit Expiration A-77 

501.4 Civil Penalties A-77 

501.5 Construction A-77 

501.6 Exemption A-77 

Article 502 Outdoor Advertising 

Companies A-78 

Section 

502.1 Definitions A-78 

502.2 Registration of Outdoor Advertising 

Companies A-78 

502.3 Revocation or Suspension or Registration A-78 

502.4 Reporting Requirement A-79 

502.5 Display of Name and Registration 

Number of Outdoor Advertising 

Company A-79 

502.6 Criminal and Civil Penalties A-79 

502.7 Signs under Control of Unregistered 

Outdoor Advertising Company Are 

Public Nuisance A-80 

502.8 Franchise or Concession Disqualification A-80 

502.9 Investigations A-80 

Article 503 Nuisance Abatement for 

Illegal Signs A-80 

Section 

503.1 General A-80 

503.2 Notice A-80 

503.3 Hearing A-80 

503.4 Posting of Order A-80 

503.5 Enforcement of Order A-81 

503.6 Rescission of Order A-81 

503.7 Costs A-81 

503.8 Lien A-81 

503.9 Storage and Disposal A-81 

503.10 Definitions A-81 

503.11 Review of Order A-81 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



TABLE OF CONTENTS 
FUEL GAS CODE 



CHAPTER 1 ADMINISTRATION 1 

Section 

FGC 101 General 1 

FGC 102 Applicability 1 

FGC 103 Department of Buildings 2 

FGC 104 Duties and Powers of the 

Commissioner of Buildings 2 

FGC 105 Permits 2 

FGC 106 Construction Documents 2 

FGC 107 Inspections and Testing 3 

FGC 108 Violations 4 

CHAPTER 2 DEFINITIONS 5 

Section 

FGC 201 General 5 

FGC 202 General Definitions 5 

CHAPTER 3 GENERAL REGULATIONS 13 

Section 

FGC 301 General 13 

FGC 302 Structural Safety 13 

FGC 303 Appliance Location 14 

FGC 304 Combustion, Ventilation and 

Dilution Air 15 

FGC 305 Installation 18 

FGC 306 Access and Service Space 18 

FGC 307 Condensate Disposal 20 

FGC 308 Clearance Reduction 20 

FGC 309 Electrical 23 

FGC 310 Electrical Bonding 23 

CHAPTER 4 GAS PIPING INSTALLATIONS. ... 25 

Section 

FGC 401 General 25 

FGC 402 Pipe Sizing 25 

FGC 403 Piping Materials 30 

FGC 404 Piping System Installation 31 

FGC 405 Reserved 32 

FGC 406 Inspection, Testing and Purging 32 

FGC 407 Piping Support 35 

FGC 408 Drips and Sloped Piping 36 



FGC 409 Shutoff Valves 36 

FGC 410 Flow Controls 36 

FGC 411 Appliance Connections 37 

FGC 412 Liquefied Petroleum Gas Motor Vehicle 

Fuel-Dispensing Stations 37 

FGC 413 Compressed Natural Gas Motor Vehicle 

Fuel-Dispensing Stations 37 

FGC 414 Reserved 38 

FGC 415 Piping Support Intervals 38 

CHAPTER 5 CHIMNEYS AND VENTS 39 

Section 

FGC 501 General 39 

FGC 502 Vents 41 

FGC 503 Venting of Equipment 41 

FGC 504 Sizing of Category I Appliance 

Venting Systems 53 

FGC 505 Direct- Vent, Integral Vent, 

Mechanical Vent and Ventilation/ 

Exhaust Hood Venting 68 

FGC 506 Factory-Built Chimneys 68 

CHAPTER 6 SPECIFIC APPLIANCES 79 

Section 

FGC 601 General 79 

FGC 602 Decorative Gas-Fired Appliances for 

Installation in Fireplaces 79 

FGC 603 Log Lighters 79 

FGC 604 Vented Gas Fireplaces 

(Decorative Appliances) 79 

FGC 605 Vented Gas Fireplace Heaters 79 

FGC 606 Reserved 79 

FGC 607 Commercial-Industrial Incinerators 

and Crematories 79 

FGC 608 Vented Wall Furnaces 80 

FGC 609 Floor Furnaces 80 

FGC 610 Duct Furnaces 80 

FGC 6 1 1 Nonrecirculating Direct-Fired Industrial 

Air Heaters 81 

FGC 612 Recirculating Direct-Fired Industrial Air 

Heaters 81 

FGC 613 Clothes Dryers 82 

FGC 614 Clothes Dryer Exhaust 82 



2008 NEW YORK CITY FUEL GAS CODE 



TABLE OF CONTENTS 



FGC 615 Sauna Heaters 82 

FGC 616 Engine and Gas Turbine-Powered 

Equipment 83 

FGC 617 Pool and Spa Heaters 83 

FGC 618 Forced-Air Warm- Air Furnaces 83 

FGC 619 Conversion Burners 84 

FGC 620 Unit Heaters 84 

FGC 621 Unvented Room Heaters 84 

FGC 622 Vented Room Heaters 84 

FGC 623 Cooking Appliances 84 

FGC 624 Water Heaters 85 

FGC 625 Refrigerators 85 

FGC 626 Gas-Fired Toilets 85 

FGC 627 Air-Conditioning Equipment 85 

FGC 628 Illuminating Appliances 86 

FGC 629 Small Ceramic Kilns 86 

FGC 630 Infrared Radiant Heaters 86 

FGC 631 Boilers 86 

FGC 632 Equipment Installed in Existing 

Unlisted Boilers 87 

FGC 633 Fuel Cell Power Plants . 87 

FGC 634 Chimney Damper Opening 

Area 87 

CHAPTER 7 RESERVED 89 

CHAPTER 8 REFERENCED STANDARDS 91 

APPENDIX A RESERVED 95 

APPENDIX B RESERVED 97 

APPENDIX C RESERVED 99 

APPENDIX D RESERVED 101 

APPENDIX E METERS AND GAS SERVICE 

PIPING 103 

APPENDIX F PLASTIC FUEL-GAS 

PIPING 107 

INDEX RESERVED Ill 



2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 1 

ADMINISTRATION 



ARTICLE 101 
GENERAL 

§28-101.1 Title. The provisions of this chapter shall apply to 
the administration of the codes set forth in this title and the 
1968 building code. The codes set forth in this title shall be 
known and may be cited as the "New York city construction 
codes" and shall consist of: 

The New York city plumbing code. 

The New York city building code. 

The New York city mechanical code. 

The New York city fuel gas code. 

§28-101.2 Intent The purpose of this code is to provide rea- 
sonable minimum requirements and standards, based upon 
current scientific and engineering knowledge, experience and 
techniques, and the utilization of modern machinery, equip- 
ment, materials, and forms and methods of construction, for the 
regulation of building construction in the city of New York in 
the interest of public safety, health and welfare, and with due 
regard for building construction and maintenance costs. 

§28-101.3 Codes. Any reference in this title to "this code" or 
"the code" shall be deemed to be a reference to this title and all 
of the codes comprising the New York city construction codes 
unless the context or subject matter requires otherwise. When- 
ever a section or subsection of this code is cited or referred to, 
subordinate consecutively numbered sections and subsections 
of the cited provision are deemed to be included in such refer- 
ence unless the context or subject matter requires otherwise. 

§28-101.4 Effective date. Except as otherwise provided in 
sections 28-101.4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4 on 
and after the effective date of this code, all work shall be per- 
formed in accordance with the provisions of this code. 

§28-101.4.1 Permit issued or work commenced prior to 
effective date. If a permit for work was issued prior to the 
effective date of this code or, if no permit was necessary, 
work was commenced prior to such effective date, all of the 
provisions of chapter 1 of title 27 of the administrative code 
as heretofore in effect shall apply to such work. 

§28-101.4.2 Applications for construction document 
approval submitted prior to and within twelve months 
after the effective date of this code. Any work for which an 
application for construction document approval was sub- 
mitted to the department prior to the effective date of this 
code and not thereafter abandoned, or for which an applica- 
tion for construction document approval is submitted to the 
department within a period of twelve months after such date 
may, at the option of the owner, be performed in its entirety 
in accordance with the provisions of this code, or in accor- 
dance with the 1968 building code, provided that such work 
is commenced within twelve months after the date of issu- 
ance of a permit therefore and is diligently carried on to 
completion. The commissioner may, for good cause, extend 



the time period for commencement of the work beyond 12 
months. Where the owner elects to perform the work in 
compliance with the 1968 building code, the following con- 
ditions shall apply: 

1. Except as otherwise limited by the commissioner, 
administration and enforcement of the 1968 building 
code shall be in accordance with this code, including 
but not limited to approval of construction docu- 
ments, issuance of permits and certificates of occu- 
pancy, tests and inspections, penalties and 
enforcement. Controlled inspections and semi-con- 
trolled inspections as referenced in the 1968 building 
code shall be deemed to be special inspections and 
shall comply with the provisions of this code relating 
to special inspections. Materials regulated in their use 
by the 1968 building code shall be subject to applica- 
ble provisions of this code. 

2. Safety of public and property during construction 
operations including demolition shall be governed by 
chapter 33 of the New York city building code. 

§28-101.43 Optional use of the 1968 building code for 
alteration of existing buildings. At the option of the owner, 
and subject to appropriate approval, a permit may be issued 
after the effective date of this code authorizing work on 
existing buildings constructed in accordance with the 1968 
building code or with the building laws in effect prior to the 
effective date of the 3 968 building code, to be performed in 
accordance with the requirements and standards set forth in 
the 1968 building code, subject to the following conditions: 

1. The installation and alteration of all appliances, 
equipment and systems regulated by the New York 
city fuel gas code, the New York city plumbing code 
and the New York city mechanical code shall be gov- 
erned by applicable provisions of those codes relating 
to new and existing installations. 

2. The installation, alteration and additions to fire pro- 
tection systems regulated by Chapter 9 of the New 
York city building code, including a change of occu- 
pancy group that would require such systems, shall be 
governed by applicable provisions of such chapter 
and related referenced standards. With respect to 
existing buildings, references to occupancy classifi- 
cations in Chapter 9 of the New York city building 
code shall be deemed to refer to the equivalent occu- 
pancy classification of the 1968 building code. 

3. The installation and alteration of elevators, convey- 
ors, and amusement rides shall be governed by chap- 
ter 30, appendix K of the New York city building code 
and the rules of the department. 

4. Safety of public and property during construction 
operations including demolition shall be governed by 
chapter 33 of the New York city building code. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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5. Where the estimated cost of such alteration in any 
twelve-month period exceeds fifty percent of the cost 
of replacement of the building or where there is a 
change in the main use or dominant occupancy of the 
building, facilities for people with physical disabili- 
ties shall be provided in accordance with chapter 1 1 of 
the New York city building code as if the building 
were hereafter erected. 

6. Encroachments onto the public right of way shall be 
governed by chapter 32 of the New York city building 
code. 

7. Except as otherwise limited by the commissioner, 
administration and enforcement of the 1968 building 
code shall be in accordance with this code, including 
but not limited to approval of construction docu- 
ments, issuance of permits and certificates of occu- 
pancy, tests and inspections, penalties and 
enforcement. Controlled inspections and semi-con- 
trolled inspections as referenced in the 1968 building 
code shall be deemed to be special inspections and 
shall comply with the provisions of this code relating 
to special inspections. Materials regulated in their use 
by the 1968 building code shall be subject to applica- 
ble provisions of this code. 

§28-101.4.4 Alterations that reduce the fire safety or 
structural safety of existing buildings. Notwithstanding 
any other provision of this code, where the alteration of any 
existing building in accordance with a provision of this code 
would result in a reduction of the fire safety or structural 
safety of such building, relevant provisions of the 1968 
building code shall apply to such alteration unless there is 
full compliance with those provisions of this code that 
would mitigate or offset such reduction of fire protection or 
structural safety. 

§28-101.5 Definitions. As used in this chapter and elsewhere 
in this title, the following terms shall have the following mean- 
ings unless the context or subject matter requires otherwise: 

1968 BUILDING CODE. Chapter 1 of title 27 of the adminis- 
trative code as hereafter in effect. 

ACCEPTANCE OR ACCEPTED. In reference to construc- 
tion documents, the endorsement by the department of con- 
struction documents with less than full examination by the 
department based on the professional certification of a regis- 
tered design professional in accordance with a program estab- 
lished by the commissioner. 

ADDITION. An alteration of a building in existence that 
increases its exterior dimensions including but not limited to an 
extension or increase in floor area or height (including an 
increase in height or area resulting from the construction of a 
rooftop structure for mechanical equipment) of the building. 

ADMINISTRATIVE CODE. The administrative code of the 
city of New York. 

ALTERATION. Any construction, addition, change of use or 
occupancy, or renovation to a building or structure in existence. 

APPROVAL OR APPROVED. In reference to construction 
documents, the determination by the department after full 



examination that submitted construction documents comply 
with this code and other applicable laws and rules. In reference 
to materials, the determination by the commissioner that mate- 
rial is acceptable for its intended use. 

APPROVED AGENCY. An established and recognized 
agency, or other qualified person, regularly engaged in con- 
ducting tests or furnishing inspection services, when approved 
pursuant to department rules as qualified to perform or witness 
identified testing or inspection services. 

APPROVED FABRICATOR. An established and qualified 
person, firm or corporation approved by the commissioner to 
custom manufacture or build products or assemblies regulated 
by this code. 

APPROVED INSPECTION AGENCY. An approved 
agency that is approved by the department as qualified to per- 
form one or more of the inspections required by this code. 

APPROVED TESTING AGENCY. An approved agency that 
is approved by the department as qualified to test and evaluate 
the performance of one or more of the materials regulated in 
their use by this code. Such term shall include, when approved 
pursuant to department rules, a third party testing or certifica- 
tion agency, evaluation agency, testing laboratory, testing ser- 
vice or other entity concerned with product evaluation. 

ARCHITECT. A person licensed and registered to practice 
the profession of architecture under the education law of the 
state of New York. 

BUILDING. Any structure used or intended for supporting or 
sheltering any use or occupancy. The term shall be construed as 
if followed by the phrase "structure, premises, lot or part 
thereof unless otherwise indicated by the text. 

CHARTER. The New York city charter. 

CERTIFICATE OF COMPLIANCE. A certificate stating 
that materials meet specified standards or that work was done 
in compliance with approved construction documents and 
other applicable provisions of law and with respect to specified 
service equipment, a certificate issued by the department 
authorizing the operation of such equipment. 

CITY. The city of New York. 

COMMISSIONER. The commissioner of buildings of the 
city of New York, or his or her duly authorized representative. 

CONSTRUCTION DOCUMENTS. Plans and specifica- 
tions and other written, graphic and pictorial documents, pre- 
pared or assembled for describing the design, location and 
physical characteristics of the elements of the project necessary 
for obtaining a building permit. 

DEFERRED SUBMITTAL. Those portions of the design 
that are not submitted at the time of the application for con- 
struction document approval and that are to be submitted to the 
department within a specified period of time after the issuance 
of a permit. 

DEMOLITION. Full or partial demolition. 

DEMOLITION, FULL: The dismantling, razing, or removal 
of all of a building or structure, including all operations inci- 
dental thereto. 



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ADMINISTRATION 



DEMOLITION, PARTIAL: The dismantling, razing, or 
removal of structural members, floors, interior bearing walls, 
and/or exterior walls or portions thereof, including all opera- 
tions incidental thereto. 

DEPARTMENT. The department of buildings of the city of 
New York. 

ENGINEER* A person licensed and registered to practice the 
profession of engineering under the education law of the state 
of New York. 

ENLARGEMENT. An addition. 

EXISTING BUILDING OR STRUCTURE, (i) A building 
or structure in existence prior to the effective date of this code 
or one for which a lawful building permit was issued for the 
erection of such building or structure prior to the effective date 
of this code, (ii) A building or structure erected in accordance 
with the 1968 building code under a lawful building permit 
issued for the erection of such building or structure after the 
effective date of this code in accordance with section 
28-101.4.2 of this code. 

FABRICATED ITEM. Products and assemblies regulated by 
this code, that are custom manufactured, or built prior to their 
incorporation into the work at the job site. Fabricated items 
shall not include listed, labeled or approved products or assem- 
blies. 

FIRE PROTECTION PLAN. A report containing a narrative 
description of the life and fire safety systems and evacuation 
system for a structure. 

HEREAFTER. On or after the effective date of this code. 

HERETOFORE. Before the effective date of this code. 

INSPECTION CERTIFICATE. Identification applied to a 
product by an approved agency containing the name of the 
manufacturer, the function and performance characteristics, 
and the name and identification of the approved agency that 
indicates that the product or material has been inspected and 
evaluated by such approved agency. An inspection certificate 
shall also mean a certificate issued by the department upon sat- 
isfactory completion of an inspection or test. 

LABEL. Identification applied to material by the manufac- 
turer or an approved agency that contains the name of the man- 
ufacturer, the function and performance characteristics of the 
material, and the name and identification of the approved 
agency that conducted the evaluation of a representative sam- 
ple of such material. 

LABELED. Material to which has been attached a label, sym- 
bol or other identifying mark of the manufacturer that contains 
the name of the manufacturer, the function and performance 
characteristics of the product or material, and the name and 
identification of an approved agency and that indicates that a 
representative sample of the material has been tested and evalu- 
ated by an approved agency for compliance with nationally 
recognized standards or tests to determine suitable usage in a 
specified manner. 



LAND SURVEYOR. A person licensed and registered to 
practice the profession of land surveying under the education 
law of the state of New York. 

LISTED. Material identified in a list published by an approved 
agency that maintains periodic inspection of production of 
listed material or periodic evaluation services and whose list- 
ing states either that the material meets identified nationally 
recognized standards or has been tested and found suitable for 
a specified purpose when installed in accordance with the man- 
ufacturer's installation instructions. 

LETTER OF COMPLETION. A document issued by the 
department indicating that permitted work has been completed, 
including satisfactory final inspection in accordance with this 
code. A letter of completion is issued only in circumstances 
where a certificate of occupancy is not required upon comple- 
tion of the permitted work. 

LIMITED PLUMBING ALTERATIONS. An alteration to a 
plumbing system where the total cost of the proposed work in 
the building does not exceed twenty five thousand dollars in 
any 12 month period and the proposed work is limited to the 
following: 

1. The installation of new plumbing or gas piping, or the 
rerouting of existing plumbing or gas piping; 

2. The addition of not more than two plumbing fixtures or 
fixture connections; 

3. The mounting of new plumbing fixtures on existing 
roughings, other than the mere replacement of existing 
fixtures constituting a minor alteration or ordinary repair 
under this code; and 

4. The installation or replacement of backflow preventers . 

LIMITED SPRINKLER ALTERATIONS. An alteration to 
an existing sprinkler system where the total cost of the pro- 
posed work in the building does not exceed twenty five thou- 
sand dollars in any 12-month period and the proposed work is 
limited to the following: 

1. Replacement of parts required for the operation of a 
sprinkler system; 

2. Replacement of sprinkler heads, provided that orifice 
sizes, type and deflector positions remain the same; 

3. Changes that do not alter the type of sprinkler system; 

4. Relocation of piping that does not affect the operation of 
the sprinkler system; and 

5. Rearrangement of not more than 20 sprinkler heads in 
areas presently sprinklered in light hazard occupancy, as 
such term is defined in reference standards, which will 
remain in such occupancy, provided that the addition of 
sprinkler heads in existing systems shall be limited to 
light hazard occupancies in rooms or spaces not exceed- 
ing 800 square feet (74.3 m 2 ) requiring only one head 
with the maximum spacing allowed by the code, and pro- 
vided that the number of new heads does not exceed a 
total of five. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-3 



ADMINISTRATION 



LIMITED STANDPIPE ALTERATIONS. An alteration to 
an existing standpipe system where the total cost of the pro- 
posed work in the building does not exceed twenty five thou- 
sand dollars in any 12-month period and the proposed work is 
limited to the following: 

1. Replacement of parts required for the operation of a 
combined standpipe system; and 

2, Relocation of combined standpipe auxiliary hose 
sources and cabinets within 10 feet (3048 mm) of their 
original location, provided that the existing covered area 
is not affected and provided that such relocation com- 
plies with this code for a new installation. 

MAIN USE OR DOMINANT OCCUPANCY (OF A 
BUILDING). Refers to a single occupancy classification 
assigned to a structure by the department according to such 
structure's main use or dominant occupancy. 

MANUFACTURER'S DESIGNATION. Identification 
applied to material by the manufacturer indicating that the 
material complies with a specified standard or set of rules. 

MARK. Identification applied to a product by the manufac- 
turer indicating the name of the manufacturer and the function 
of a product or material. 

MATERIALS. Materials, assemblies, appliances, equipment, 
devices, systems, products and methods of construction regu- 
lated in their use by this code or regulated in their use by the 
1968 building code. 

OCCUPANCY. The purpose or activity for which a building 
or space is used or is designed, arranged or intended to be used. 

OWNER. Any person, agent, firm, partnership, corporation or 
other legal entity having a legal or equitable interest in, or con- 
trol of the premises. 

PARTY WALL. A fire division on an interior lot line common 
to two adjoining buildings. 

PERMIT. An official document or certificate issued by the 
commissioner that authorizes performance of specified work 
or activity. 

PERSON. An individual, partnership, corporation, or other 
legal entity. 

PREMISES. Land, improvements thereon, or any part 
thereof. 

PROFESSIONAL CERTIFICATION. A personal verifica- 
tion of a registered design professional made under such pro- 
fessional's signature and seal that accompanies construction 
documents and other submittal documents filed with the 
department and that attests that such documents do not contain 
false information and are in compliance with all applicable pro- 
visions of law. 

REGISTERED DESIGN PROFESSIONAL. An architect 
or engineer. 

REGISTERED DESIGN PROFESSIONAL OF 
RECORD. The registered design professional who prepared 
or supervised the preparation of applicable construction docu- 
ments filed with the department. 



REQUIRED. Shall mean required by the provisions of this 
code. 

RETAINING WALL. A wall designed to prevent the lateral 
displacement of soil or other materials, t 

SERVICE EQUIPMENT. Equipment or systems, and all 
components thereof, that provide sanitation, power, light, heat, 
ventilation, air conditioning, refuse disposal, fire-fighting, 
transportation or other facilities for buildings. 

SIGN-OFF. The issuance by the department of a letter of com- 
pletion or certificate of occupancy for permitted work indicat- 
ing the satisfactory completion of all required inspections and 
receipt by the department of all required submittal documents. 

SINGLE ROOM OCCUPANCY MULTIPLE DWELL- 
ING. See section 28-107.2. 

SPECIAL INSPECTION. Inspection of selected materials, 
equipment, installation, fabrication, erection or placement of 
components and connections, to ensure compliance with 
approved construction documents and referenced standards as 
required by chapter 17 of the New York city building code or 
elsewhere in this code or its referenced standards. 

SPECIAL INSPECTOR. An individual having required 
qualifications and authorized by the department to perform or 
witness particular special inspections required by this code or 
by the rules of the department, including but not limited to a 
qualified registered design professional so authorized. 

SUPERINTENDENT OF CONSTRUCTION (CON- 
STRUCTION SUPERINTENDENT). An individual, when 
authorized pursuant to department rules as qualified to superin- 
tend permitted construction work on behalf of the owner. 

STRUCTURE. That which is built or constructed, including 
among others: buildings, stadia, tents, reviewing stands, plat- 
forms, stagings, observation towers, radio towers, tanks, tres- 
tles, open sheds, shelters, fences, and display signs. 

SUBMITTAL DOCUMENTS. Completed application 
forms, construction documents, reports and any other required 
documents submitted in compliance with this code or other 
applicable laws and rules including but not limited to special 
inspection reports, certifications or approvals from other gov- 
ernmental agencies and other data required by this code or by 
the department. 

USE (USED). The purpose for which a building, structure, or 
space is occupied or utilized, unless otherwise indicated by the 
text. Use (used) shall be construed as if followed by the words 
"or is intended, arranged, or designed to be used," 

UTILITY COMPANY OR PUBLIC UTILITY COM- 
PANY. The term shall be construed to have the same meaning 
as that contained in section two of the New York state public 
service law. 

UTILITY CORPORATION OR PUBLIC UTILITY COR- 
PORATION. The term shall be construed to have the same 
meaning as that contained in section two of the New York state 
public service law. 

WORK NOT CONSTITUTING MINOR ALTERATIONS 
OR ORDINARY REPAIRS. See section 28-105.4.2.1. 



A-4 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



WRITING (WRITTEN). The term shall be construed to 
include handwriting, typewriting, printing, photo-offset, or 
any other form of reproduction in legible symbols or charac- 
ters, including, in the discretion of the commissioner, elec- 
tronic media. 

WRITTEN NOTICE. A notification in writing delivered by 
hand to the person or parties intended, or delivered at or sent by 
mail or in the discretion of the commissioner by electronic 
media to the last address known to the party giving such notice. 

ZONING RESOLUTION. The zoning resolution of the city 
of New York, adopted December fifteenth, nineteen hundred 
sixty-one, including all amendments thereto. 



ARTICLE 102 
APPLICABILITY 

§28-102.1 General. Where, in any specific case, different sec- 
tions of this code specify different materials, methods of con- 
struction or other requirements, the most restrictive shall 
govern. Where a general requirement conflicts with a specific 
requirement, the specific requirement shall govern. Where 
British and metric units of measurement conflict, the British 
units shall govern. 

§28-102.2 Other laws. The provisions of this code do not pre- 
sumptively provide for matters that are contained in the charter, 
the labor law, the multiple dwelling law, the zoning resolution, 
or the general city law. Where there is conflict or inconsistency 
between the requirements of this code and other applicable 
laws and rules, unless otherwise required, such conflict shall be 
resolved in favor of the more restrictive requirement. 

§28-102.3 Separability. If any clause, sentence, paragraph, 
section or part of this code shall be adjudged to be invalid, such 
judgment shall not affect, impair or invalidate the remainder 
thereof, but shall be confined in its operation to the clause, sen- 
tence, paragraph, or part thereof directly involved in the contro- 
versy in which such judgment shall have been rendered. 

§28-102.4 Existing buildings. The lawful use or occupancy of 
any existing building or structure, including the use of any ser- 
vice equipment therein, may be continued unless a retroactive 
change is specifically required by the provisions of this code or 
other applicable laws or rules. The continuation of the unlawful 
use or occupancy of a building or structure after the effective 
date of this code contrary to the provisions of this code or other 
applicable law or rule shall be a violation of this code. 

§28-102.4.1 Existing buildings must comply with the 
applicable retroactive requirements of the 1968 building 
code. Existing buildings must comply with the applicable 
retroactive requirements of the 1968 building code includ- 
ing those requiring the installation of fire safety and build- 
ing safety systems and the filing of verifying reports with 
the department of such installations by the dates specified in 
section 27-228.5 of the administrative code or in other 
applicable provisions of such 1968 building code. A viola- 
tion of such provisions shall be a violation of this code. 

§28-102.4.2 Change in use or occupancy. Except as other- 
wise provided in sections 28-101.4.1, 28-101.4.2, 



28-101.4.3 or 28-101.4.4 changes in the use or occupancy 
of any building or structure made after the effective date of 
this code shall comply with the provisions of this code. Any 
changes made in the use or occupancy of a building or struc- 
ture not in compliance with this code shall be prohibited and 
shall be a violation of this code. After a change in use or 
occupancy has been made in a building, the re-establish- 
ment of a prior use or occupancy that would not be lawful in 
a new building of the same construction class shall be pro- 
hibited unless and until all the applicable provisions of this 
code and other applicable laws and rules for such reestab- 
lished use or occupancy shall have been complied with. A 
change from a use prohibited by the provisions of this code, 
but which was permitted prior to the effective date of this 
code, to another use prohibited by the provisions of this 
code shall be deemed a violation of this code. 

§28-102.4.3 Alteration of existing structures. Except as 
otherwise provided in sections 28-101.4.1, 28- 101. 4. 2, 
28-101.4.3 and 28-101.4.4, existing structures altered after 
the effective date of this code shall comply with the provi- 
sions of this code. In accordance with subdivision eleven of 
section three of the multiple dwelling law and article 4 of 
subchapter 1 of the 1968 building code, at the option of the 
owner, multiple dwellings erected prior to December 6, 
1969 may be altered and buildings erected prior to Decem- 
ber 6, 1969 may be converted to multiple dwellings in 
accordance with applicable provisions of the multiple 
dwelling law and the building laws and regulations in effect 
prior to December 6, 1968, provided the general safety and 
public welfare are not thereby endangered. 

§28-102.4.4 Occupancy classifications. With regard to 
existing buildings, references to occupancy classifications 
in this code shall be deemed to refer to the equivalent occu- 
pancy classification under the 1968 building code. 

§28-102.5 Grading of lots. The regulation of lots, in confor- 
mity with the street on which they are situated, shall be calcu- 
lated at curb level. Where a lot has more than one street 
frontage, and is so situated that the street frontages intersect, 
the curb of the longest street frontage shall be used. When the 
street frontages do not intersect, the curb along each frontage 
shall be used to one-half the depth of the lot between street 
frontages. A lot as referred to in this section 28-102.5 shall 
mean a parcel of land twenty-five feet by one hundred feet, or 
less, in one ownership whether adjacent land be in the same or 
other ownership; but, for this purpose, no land in the same own- 
ership may be divided into lots smaller than twenty-five feet by 
one hundred feet. 

§28-102.6 Appendices. All enacted appendices are a part of 
the provisions of this code. 

§28-102.7 References in other laws. References to provisions 
of the building code of the city of New York or to chapter 1 of 
title 27 of the administrative code in other laws shall be deemed 
to refer to equivalent provisions of the 1968 building code or 
the New York city construction codes as the context in which 
such references appear may require. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-5 



ADMINISTRATION 



ARTICLE 103 

DUTIES AND POWERS OF COMMISSIONER OF 

BUILDINGS 

§28-103.1 Jurisdiction. This code shall be enforced by the 
commissioner of buildings, pursuant to the provisions of sec- 
tion six hundred forty-three of the New York city charter. How- 
ever, the commissioner of small business services may also 
enforce all of the provisions of this code with respect to build- 
ings under the jurisdiction of the department of small business 
services and the fire commissioner may also enforce all the 
provisions of this code relating to: 

1 . The approved number of persons in places of assembly 
(overcrowding); 

2. Obstruction of aisles, corridors, and exits; 

3 . The posting and availability for inspection of certificates 
of occupancy or other authorization of lawful occu- 
pancy, certificates of compliance and place of assembly 
certificates of operation; 

4. The maintenance of fire, smoke and carbon monoxide 
detection and alarm systems, fire extinguishing systems, 
refrigerating systems, storage tanks and auxiliary stor- 
age tanks for oil burning equipment, exit signs and path 
markings, and any fire or life safety system, equipment 
or device intended for use by fire fighting personnel or 
whose use or operation is subject to the New York city 
fire code or other law or rule enforced by the New York 
city fire department, and any related installation and 
signage; and 

5. The installation and testing of fire alarm systems, 
smoke-detecting and carbon monoxide detecting 
devices that are interconnected with a fire alarm system 
or monitored by a central station, and fire extinguishing 
systems for commercial cooking appliances. 

6. Fire fighting equipment, access to and within premises 
upon or in which construction and demolition work is 
being conducted, and the conduct of all construction or 
demolition work affecting fire prevention and fire fight- 
ing. 

§28-103.1.1 Installation of equipment required by the 

New York city fire code. Where the installation of exit 
signs, emergency means of egress illumination, special 
mechanical ventilation and sprinkler and fire alarm systems 
is required by the New York city fire code, the fire commis- 
sioner shall require such installations to be in accordance 
with this code. 

§28-103.1.2 Enforcement of New York city construction 
codes on property within the jurisdiction of the depart- 
ment of small business services. This code and the 1968 
building code shall apply to property within the jurisdiction 
of the department of small business services pursuant to the 
New York city charter including, but not limited to, struc- 
tures on waterfront property used in conjunction with and in 
furtherance of waterfront commerce and/or navigation. It 
shall be administered and enforced by the department of 
small business services in the same manner as property 
within the jurisdiction of the department. 



§28-103.2 Interpretation. This code shall be liberally inter- 
preted to secure the beneficial purposes thereof. 

§28-103.3 Variations. The requirements and standards pre- 
scribed in this code shall be subject to variation in specific 
cases by the commissioner, or by the board of standards and 
appeals, under and pursuant to the provisions of paragraph two 
of subdivision (b) of section six hundred forty-five and section 
six hundred sixty-six of the New York city charter, as amended. 

§28-103.4 Appeals. An appeal from any decision or interpreta- 
tion of the commissioner may be taken to the board of stan- 
dards and appeals pursuant to the procedures of the board, 
except as provided in section 25-204 of the administrative code 
or as otherwise provided in this code. 

§28-103.5 Seal; judicial notice. The commissioner may 
design and adopt a seal for the department for use in the authen- 
tication of the orders and proceedings of the department, and 
for such other purposes as the commissioner may prescribe. 
The courts shall take judicial notice of such seal, and of the sig- 
nature of the commissioner, the deputy commissioners, and the 
borough superintendents of the department. 

§28-103.6 Proofs, affidavits and oaths. Proofs, affidavits and 
examinations as to any matter arising in connection with the 
performance of any of the duties of the department may be 
taken by or before the commissioner, or a deputy commis- 
sioner, or such other person as the commissioner may desig- 
nate; and such commissioner, deputy or other person may 
administer oaths in connection therewith. 

§28-103.7 Cooperation of other departments. Upon request 
of the commissioner, it shall be the duty of all departments to 
cooperate with the department of buildings at all times, and to 
furnish to such department such information, reports and assis- 
tance as the commissioner may require. 

§28-103.8 Matters not provided for. Any matter or require- 
ment essential for fire or structural safety or essential for the 
safety or health of the occupants or users of a structure or the 
public, and which is not covered by the provisions of this code 
or other applicable laws and rules, shall be subject to determi- 
nation and requirements by the commissioner in specific cases. 

§28-103.9 Additional tests. Whenever there is insufficient 
evidence of compliance with the provisions of this code, or evi- 
dence that a material or method of construction does not con- 
form to the requirements of this code, or in order to substantiate 
claims for alternative materials or methods, the commissioner 
shall have the authority to require tests as evidence of compli- 
ance to be made at no expense to the city. Test methods shall be 
as specified in this code, or by other recognized test standards 
approved by the commissioner. In the absence of recognized 
and accepted test methods, the commissioner shall approve the 
testing procedures. Tests shall be performed as directed by the 
commissioner. Reports of such tests shall be retained by the 
department for the period required for retention of public 
records. 

§28-103.10 Supporting documentation for materials. 

Whenever this code or the rules of the department permits the 
use of material regulated in its use by this code or the 1968 
building code without the prior approval of the commissioner, 
the commissioner may, in the interest of public safety, require 



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ADMINISTRATION 



the submittal of supporting documentation that any material 
used or proposed to be used complies with the applicable code 
standard for such use. Such supporting documentation may 
consist of but shall not be limited to certification documents of 
an approved agency, test reports, analysis, computations or 
other evidence of such compliance. 

§28-103.11 Applications and permits. The department shall 
receive and review applications, construction documents, and 
other submittal documents and shall issue permits, in accor- 
dance with the provisions of this code. 

§28-103.12 Identification. Department personnel shall carry 
metal badges with suitable inscriptions thereon or other pre- 
scribed identification when inspecting structures or premises 
or otherwise in the performance of their duties under this code. 

§28-103.13 Right of entry. The commissioner or his or her 
authorized representatives, in the discharge of their duties, 
shall have the right to enter upon and inspect, at all reasonable 
times, any buildings, enclosure, premises, or any part thereof, 
or any signs or service equipment contained therein or attached 
thereto for the purpose of determining compliance with the 
provisions of this code and other applicable building laws and 
rules. Officers and employees of the department shall identify 
themselves by exhibiting the official badge or other identifica- 
tion prescribed by the department; and other authorized repre- 
sentatives of the commissioner shall identify themselves by 
producing and exhibiting their authority in writing signed by 
the commissioner. If access is not obtained, the commissioner 
shall have recourse to remedies provided by law to secure entry. 

§28-103.14 Department records. The department shall keep 
official records of applications received, permits and certifi- 
cates issued, fees collected, reports of inspections, and notices 
and orders issued. Such records shall be retained in the official 
records for the period required for retention of public records. 

§28-103.14.1 List of permits for cellular antenna. The 

commissioner shall maintain a separate list of alteration per- 
mits issued for the erection or placement of antennae used to 
provide cellular telephone or similar service or any structure 
related to such service which shall, at a minimum, set forth 
the name, business address and business telephone number 
of the applicant, the date of the application, the date the per- 
mit was issued, the location for which the permit was issued, 
including the premises address and the zoning district, 
whether residential, commercial, or manufacturing, and the 
number of permits issued for such purpose at the same loca- 
tion. Such list shall be made available to the public upon 
request between regular business hours and shall be avail- 
able to the public in electronic format on a 24-hour basis on 
the department's website. 

§28-103.15 Insurance. The commissioner may require appli- 
cants for permits to obtain and furnish proof of workers' com- 
pensation, disability and general liability insurance in such 
amounts and in accordance with such specifications as shall be 
set forth in the rules of the department or as otherwise required 
by law. 

§28-103.16 Inspections of completed buildings, structures, 
signs, service equipment and construction machinery and 
equipment. In addition to other required inspections, the com- 



missioner may make or require inspections of completed build- 
ings, structures, signs, service equipment installations and con- 
struction machinery and equipment to ascertain compliance 
with the provisions of this code and other laws that are enforced 
by the department. Such inspections may be made on behalf of 
the department by officers and employees of the department 
and other city departments and governmental agencies; and by 
approved agencies, special inspectors or other persons when 
the commissioner is satisfied as to their qualifications and reli- 
ability. The commissioner may accept inspection and test 
reports from persons authorized by this code or by the commis- 
sioner to perform such inspections. Such reports shall be filed 
with the department. 

§28-103.17 Certain outside work, employment and finan- 
cial interests of department employees prohibited. It shall 
be unlawful for any officer or employee of the department to be 
engaged in conducting or carrying on business as an architect, 
engineer, carpenter, plumber, iron worker, mason or builder, or 
any other profession or business concerned with the construc- 
tion, alteration, sale, rental, development, or equipment of 
buildings. It shall also be unlawful for such employees to be 
engaged in the manufacture or sale of automatic sprinklers, fire 
extinguishing apparatus, fire protection devices, fire preven- 
tion devices, devices relating to the means or adequacy of exit 
from buildings, or articles entering into the construction or 
alteration of buildings, or to act as agent for any person 
engaged in the manufacture or sale of such articles, or own 
stock in any corporation engaged in the manufacture or sale of 
such articles. 

§28-103.18 Investigation of complaints. The commissioner 
shall cause all complaints to be investigated. For purposes of 
investigating complaints of violations of law enforced by the 
department, the commissioner may by rule establish a program 
to classify structures based on their enforcement history and 
may create criteria for such classification and assign enforce- 
ment resources accordingly. 

§28-103.18.1 Complaint records. The department shall 
keep records of complaints made by any person in reference 
to any building or other matter under the jurisdiction of the 
department. Recorded complaints shall include the name 
and residence of the complainant, the name of the person 
complained of, the date of the entry of the complaint and any 
suggested remedies. Except for entries of names and resi- 
dences of the complainants, such records shall be made 
available for public examination. 

§28-103.19 Addition, modification, and deletion of refer- 
enced standards. The standards referenced in this code may 
be added to, deleted or modified pursuant to local law or by rule 
of the department. Every such rule adding, deleting or modify- 
ing a referenced standard shall indicate the promulgating 
agency of the standard, the standard identification, the effective 
date and title and the section or sections of this code to which 
such standard applies. The commissioner shall act in consulta- 
tion with the fire commissioner on matters relating to fire 
safety. 

Exception: Referenced standards in the New York city 
plumbing code, other than referenced national standards 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-7 



ADMINISTRATION 



contained in chapter 13 of such code, shall not be added to, 
deleted, or modified by rule. 

§28-103.20 Existing rules continued. Rules promulgated by 
the department in accordance with the law in effect prior to the 
effective date of this code shall remain in effect for the matters 
covered to the extent that such rules are not inconsistent with 
this code unless and until such rules are amended or repealed 
by the department. 



ARTICLE 104 
CONSTRUCTION DOCUMENTS 

§28-104.1 General. The department shall not issue a permit 
pursuant to this code, or a place of assembly operation certifi- 
cate pursuant to this code unless and until it approves all 
required construction documents for such work. The depart- 
ment shall not issue an electrical work permit pursuant to the 
New York city electrical code for fire and emergency alarm 
systems, solar panels and wind turbines unless and until it 
approves all required construction documents for such work. 
Such construction documents shall be prepared by or under the 
supervision of a registered design professional as required by 
this code. An application for an associated work permit shall 
not be submitted to the department until all required construc- 
tion documents have been approved. 

§28-104.1.1 Construction documents subject to the New 
York city fire code. Except as the New York city fire code 
may otherwise provide, the construction documents for 
facilities and systems for which the fire code provides 
design and installation requirements, including but not lim- 
ited to fire alarm systems, flammable and combustible liq- 
uids, compressed gases, explosives and other hazardous 
materials; flammable spraying systems and facilities; auto- 
matic water sprinkler systems for hazardous material and 
combustible material storage, and non-water fire extin- 
guishing systems, shall be subject to the review and 
approval of the fire commissioner in accordance with the 
New York city fire code. Approval by the department of 
construction documents for new or existing buildings con- 
taining such facilities and systems shall not be construed as 
approval of such systems and facilities. 

§28-104.2 Application for approval of construction docu- 
ments. The department shall assign a job number to and docket 
all applications for approval of construction documents and 
any amendments thereto filed with it. The department shall 
examine the construction documents promptly after their sub- 
mission. The examination shall be made under the direction of 
the commissioner for compliance with the provisions of this 
code and other applicable laws and rules. The personnel 
employed for the examination of construction documents shall 
be qualified registered design professionals, experienced in 
building construction and design. 

§28-104.2.1 Less than full examination of construction 

documents. The commissioner may, in the commissioner's 
discretion, establish a program whereby construction docu- 
ments may be accepted with less than full examination by 
the department based on the professional certification of an 
applicant who is a registered design professional. 



§28-104.2.1.1 Effect of acceptance. Except as other- 
wise specified in this code or in the rules of the depart- 
ment, for the purposes of this code, the acceptance of 
construction documents in accordance with such pro- 
gram shall have the same force and effect as the approval 
of construction documents after full examination by the 
department. Except as otherwise specified in this code or 
in the rules of the department, references in this code to 
approved construction documents or to the approval of 
construction documents shall also be deemed to refer to 
accepted construction documents or to the acceptance of 
construction documents, as applicable. 

§28-104.2.1.2 Program requirements. The commis- 
sioner may establish qualifications and requirements for 
registered design professionals to participate in such pro- 
gram and may exclude, suspend or otherwise sanction 
participants for cause. 

§28-104.2.13 Mandatory program requirements. 
Registered design professionals participating in such 
program shall be subject to sections 28-104.2.1.3.1 
through 28- 104.2.1. 3 .2. 

§28-104.2.13.1 Probation. A registered design pro- 
fessional shall not be eligible to participate in the pro- 
gram during any period of probation imposed as a 
sanction by the board of regents pursuant to section 
651 1 of the education law. 

§28-104.2.13.2 Mandatory sanctions. The com- 
missioner shall, after the opportunity for a hearing 
before the office of administrative trials and hearings 
in accordance with department rules, exclude, sus- 
pend or otherwise condition the participation of a reg- 
istered design professional who (i) knowingly or 
negligently submits a professional certification of an 
application and/or construction documents that con- 
tains false information or is not in compliance with all 
applicable provisions of law, or (i.i) submits two pro- 
fessionally certified applications for construction 
document approval within any 1 2-month period con- 
taining errors that result in revocation of an associated 
permit or that otherwise demonstrate incompetence 
or a lack of knowledge of applicable laws. The term 
"otherwise condition" shall mean limitations on such 
professional's participation in the program, such as, 
but not limited to, audits and monitoring of the regis- 
tered design professional's applications and other 
submissions. 

§28-104.2.13.2.1 Reinstatement A registered 
design professional who is excluded from the pro- 
gram in accordance with section 28-104.2.1.3 may 
apply for reinstatement one year or more after such 
exclusion. An applicant who the commissioner 
finds is qualified to resume participation in the 
program shall be on probation for a period of not 
less than 6 months after reinstatement and during 
that time shall as a condition of such reinstatement 
attend one or more training or continuing educa- 
tion courses, approved by the department, related 
to compliance with the building code and related 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



laws and rules and the zoning resolution. The pro- 
fessional shall submit satisfactory proof of the suc- 
cessful completion of such training or continuing 
education courses to the department. 

§28-104.2.1.3.2.2 Mandatory permanent revo- 
cation. The commissioner shall permanently 
revoke, without the opportunity of restoration, the 
professional certification privileges of an engineer 
or architect who, while on probation, profession- 
ally certifies an application, plans, construction 
documents or other document that contains false 
information or is not in compliance with all appli- 
cable provisions of law or who otherwise demon- 
strates incompetence or a lack of knowledge of 
applicable laws. 

§28-104.2.1.3.2.3 Construction. Nothing herein 
shall be construed to limit the commissioner's 
power, consistent with state and local law, to adopt 
rules that include additional grounds to limit the 
filing privileges of or otherwise sanction registered 
design professionals, after the opportunity for a 
hearing, who it determines, knowingly or negli- 
gently submit applications or other documents to 
the department that contain false information or 
are not in compliance with all applicable provi- 
sions of law or that otherwise demonstrate incom- 
petence or a lack of knowledge of applicable law or 
standards. 

§28-104.2.1.4 Database. The department shall create 
and maintain a database of all registered design profes- 
sionals who have been excluded, suspended or otherwise 
sanctioned by the department. Within 7 business days of 
the date a sanction is imposed, the department shall post 
on its website and shall make available upon request, the 
name of the registered design professional, a description 
of the sanction, the initial date of the sanction, the rein- 
statement date, if applicable, the address of the premises 
for which the application associated with the sanction 
was submitted, and whether the sanction was imposed 
after a hearing or a settlement. The department shall pro- 
vide requested information concerning the exclusion, 
suspension or other sanction of a specific registered 
design professional within 30 days of such request. 

§28-104.2.1.5 Applicant requirement The program 
shall include a condition that the applicant remain with 
the job until it is signed-off by the department and that if 
the applicant withdraws from the job before the issuance 
of a letter of completion or certificate of occupancy, as 
applicable, all work shall stop and no permit, letter of 
completion or certificate of occupancy shall be issued 
until a successor registered design professional is desig- 
nated as applicant and such person submits (i) a profes- 
sional certification indicating his or her concurrence 
with the construction documents as accepted by the 
department or (ii) new construction documents are 
approved or accepted by the department. 

§28-104.2.2 Approval or acceptance to be indicated on 
construction documents* All construction documents, 



when approved, shall be stamped or endorsed ''approved" 
under the official method of the department, followed by a 
notation of the date except that construction documents 
accepted with less than full examination by the department 
shall be stamped or endorsed "accepted" instead of 
"approved". One set of "approved" or "accepted" construc- 
tion documents shall be retained by the department and 
another set shall be maintained at the job site until the work 
authorized by the permit is completed and signed-off by the 
department. 

§28-104.2.3 Time limitation of application. An applica- 
tion for approval of construction documents shall be 
deemed to have been abandoned 12 months after the date of 
its submission, unless such application has been diligently 
prosecuted after rejection in whole or in part, or unless a per- 
mit shall have been issued pursuant to this code, except that 
the commissioner may upon application, for reasonable 
cause, grant extensions of time for additional 12-month 
periods. 

§28-104.2.4 Conditions of approval. All construction doc- 
uments approved by the commissioner shall be conditioned 
upon and subject to compliance with the requirements of 
this code and other applicable laws and rules in effect at the 
time of issuance of the associated work permit or place of 
assembly certificate of operation. 

§28-104.2.5 Phased or partial approval. In the case of 
construction documents for the construction of new build- 
ings or the alteration of buildings, the commissioner may 
grant partial approval of construction documents for the 
issuance of foundation and earthwork permits before the 
construction documents for the entire building or structure 
have been submitted. The approval of such partial applica- 
tions will be subject to the submittal and approval of con- 
struction documents, filed together or separately, 
comprising: 

1. The lot diagram showing the exact location of the lot 
and dimensions to the nearest corner; 

2. A complete zoning analysis showing compliance of 
the proposed work with the zoning resolution; 

3. The foundation plans, as provided for in this code; 
and 

4. The floor and roof plans showing compliance with 
exit requirements, as provided for in this code. 

The issuance of such foundation and earthwork permit is 
subject to submission of required submittal documents. The 
owner and the holder of such foundation and earthwork per- 
mit shall proceed at their own risk with the construction 
operation and without assurance that a permit for the entire 
structure will be granted. 

§28-104.2.6 Deferred submittal. With the prior approval 
of the department, the applicant may defer submittal of por- 
tions of the design until a specified period of time after the 
issuance of a permit. The applicant shall list the deferred 
submittal items on the initial application for construction 
document approval. The deferred submittal items shall not 
be constructed or installed until the design and submittal 



NEW YORK C!TY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



documents for the item have been approved by the depart- 
ment. 

§28-104.2.7 Time period for review. Completed construc- 
tion documents complying with the provisions of this code 
and other applicable laws and rules shall be approved by the 
commissioner and written notice of approval shall be given 
the applicant promptly and no later than 40 calendar days 
after the submission of a complete application. 

Exceptions: 

1. On or before the fortieth day, the commissioner 
may, for good cause shown and upon notification 
to the applicant, extend such time for an additional 
20 calendar days. 

2. Such time period for review shall commence in 
accordance with article 107 for single room occu- 
pancy multiple dwellings. 

§28-104.2.8 Notification of rejection. Applications failing 
to comply with the provisions of this code and other applica- 
ble laws and rules shall be rejected and written notice of 
rejection, stating the grounds of rejection, shall be given the 
applicant promptly and not later than the date required in 
section 28-104.2.7. 

§28-104.2,9 Resubmission. Whenever an application has 
been rejected and is thereafter revised and resubmitted to 
meet the stated grounds of rejection, the revised application 
and construction documents shall be approved if they meet 
the stated grounds of rejection and otherwise comply with 
the provisions of this code and other applicable laws and 
rules or shall be rejected if they fail to meet the stated 
grounds of rejection or otherwise fail to so comply. Written 
notice of approval or written notice of rejection, stating the 
grounds of rejection, shall be given the applicant promptly 
and not later than 20 calendar days after the resubmission of 
such documents. 

§28-104.2.10 Revocation of approval. The commissioner 
may, on notice to the applicant, revoke the approval of con- 
struction documents for failure to comply with the provi- 
sions of this code or other applicable laws or rules; or 
whenever there has been any false statement or any misrep- 
resentation as to a material fact in the submittal documents 
upon the basis of which such approval was issued; or when- 
ever an approval has been issued in error and conditions are 
such that approval should not have been issued. Such notice 
shall inform the applicant of the reasons for the proposed 
revocation and that the applicant has the right to present to 
the commissioner or his or her representative within 10 
business days of personal service or 15 calendar days of the 
posting of service by mail, information as to why the 
approval should not be revoked. 

§28-104.2.10.1 Effect on work permit. The effect of 
revocation of approval of construction documents is the 
automatic revocation of all associated work permits that 
may have been issued. 

§28-1043 Amended construction documents. Subject to the 
time limitations set forth in this code, amendments to approved 
construction documents shall be submitted, reviewed and 
approved before the final inspection of the work or equipment 



is completed; and such amendments when approved shall be 
deemed part of the original construction documents. The 
department may allow minor revisions of construction docu- 
ments to be made and submitted to the department after the 
completion of work but prior to sign-off of the work in accor- 
dance with department rules. 

§28-104.4 Place of filing. Except as otherwise provided by 
rule, applications for construction document approval shall be 
filed in the department office in the borough in which the work 
or equipment is located or at the discretion of the commissioner 
shall be submitted electronically. 

§28-104.5 Fees. Filing fees shall be paid as required by article 
112. 

§28-104.6 Applicant. The applicant for approval of construc- 
tion documents shall be the registered design professional who 
prepared or supervised the preparation of the construction doc- 
uments on behalf of the owner. 

Exception: The applicant may be other than a registered 
design professional for: 

1. Limited plumbing alterations, limited sprinkler alter- 
ations, and limited standpipe alterations, where the 
applicant is licensed to perform such work pursuant to 
this code; 

2. Demolition applications other than those specified in 
section 3306.5 of the New York city building code, 
where the applicant is the demolition contractor per- 
forming such demolition. In such cases, the commis- 
sioner may require structural plans designed by a 
registered design professional to address any critical 
structural, sequencing or site safety items; 

3. Elevator applications; 

4. Other categories of work consistent with rules pro- 
mulgated by the commissioner. 

§28-104.6.1 Verification of professional qualification 
required. The department shall not accept construction 
documents or other documents submitted in connection 
with applications for construction document approval or 
work permits under this code by any person representing 
that he or she is an architect or engineer without verifying, 
by means of lists compiled and made available by the New 
York state department of education pursuant to paragraph 
e-1 of subdivision four of section sixty-five hundred seven 
of the education law, that such person meets the qualifica- 
tions established by law to practice as an architect or engi- 
neer in New York state. 

§28-104.7 Submittal of construction documents. All con- 
struction documents submitted to the department shall contain 
such information and shall be in such form as shall be set forth 
in this section 28-104.7 and the rules of the department. Con- 
struction documents shall also conform to standards as may be 
prescribed in the applicable sections of the construction codes. 

§28-104.7.1 Scope. Construction documents shall be com- 
plete and of sufficient clarity to indicate the location and 
entire nature and extent of the work proposed, and shall 
show in detail that they conform to the provisions of this 
code and other applicable laws and rules; if there exist prac- 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



tical difficulties in the way of carrying out the strict letter of 
the code, laws or rules, the applicant shall set forth the 
nature of such difficulties. 

§28-104.7.2 Forms. The applicant shall submit construc- 
tion documents on or accompanied by forms provided by 
the department. 

§28-104.7.3 Media. Construction documents shall be 
printed upon suitable material, or presented as electronic 
media documents as determined by the commissioner. Plans 
shall be drawn to suitable scale. 

§28-104.7.4 Quantities. The applicant shall submit the 
number of copies of construction documents as the commis- 
sioner shall require. 

§28-104.7.5 Citations to code sections required. In no 

case shall terms such as "code compliant", "approved", 
"legal" or similar terms be used in the construction docu- 
ments as a substitute for specific reference to a particular 
code section, approval or standard in order to show compli- 
ance with code requirements or other applicable laws and 
rules. 

§28-104.7.6 City datum. All elevations noted in the con- 
struction documents shall be referred to and clearly identi- 
fied as the United States coast and geodetic survey mean sea 
level datum of 1929 (national geodetic vertical datum, 
"NGVD"), which is hereby established as the city datum. 
By way of examples, tables 104.7.6.1 through 104.7.6.5 
shall be used to convert borough elevations to their corre- 
sponding equivalent NGVD elevations. 

TABLE 104.7.6.1 



TABLE 104.7.6.5 



+ ST ATEN ISLAND 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 3.192 H> 


13.192 


6.808 


-> add 3.192 -> 


10.000 



BRONX ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-^ add 2.608 -> 


12.608 


7.392 


-» add 2.608 -> 


10.000 


TABLE 104.7.6.2 


BROOKLYN 

ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.547 -» 


12.547 


7.453 


-► add 2.547 -» 


10.000 


TABLE 104.7.6.3 


MANHATTAN 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.752 -> 


12.752 


7.248 


-> add 2.752 -» 


10.000 


TABLE 104.7.6.4 


QUEENS ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.725 -> 


12.725 


7.275 


-> add 2.725 -» 


10.000 



§28-104.7.7 Identification of special inspections. When- 
ever materials are subject to special inspection, as provided 
in this code, such materials shall be listed on the title sheet of 
the construction documents, or the sheet immediately fol- 
lowing, as subject to special inspection. 

§28-104.7.8 Identification of materials. Construction 
documents shall identify all materials proposed to be used, 
including identification of the test standard to which they 
conform, and where applicable, supporting information or 
test data from the manufacturer attesting to such confor- 
mance. 

§28-104.7.9 Energy conservation construction code. The 

application shall contain all information required to demon- 
strate compliance with the energy conservation construc- 
tion code of New York state. 

§28-104.7.10 Preparer. Each plan or drawing shall contain 
the license number, seal, signature (or equivalent as 
approved by the commissioner) and address of the regis- 
tered design professional who prepared or supervised the 
preparation of the plans. 

§28-104.7.11 Additional information. In addition to the 
data and information specified in this code and the rules of 
the department, the commissioner is authorized to require 
the submission of additional plans, surveys, computations, 
analyses, test reports, photographs, special inspection and 
such other data and information as may be necessary to 
determine compliance with this code and other applicable 
laws and rules. 

§28-104.7.12 Waiver of certain documents. The commis- 
sioner is authorized to waive the submission of any of the 
required construction documents and other data if review of 
such documents is not necessary to ascertain compliance 
with this code or not required for the phase of work for 
which a permit is sought. 

§28-104.8 Applications. All applications shall comply with 
sections 28-104.8.1 through 28-104.8.4. 

§28-104.8.1 Applicant statements. The application shall 
contain the following signed and sealed statements by the 
applicant: 

1 . A statement certifying that the applicant is authorized 
by the owner to make the application and certifying 
that, to the best of the applicant's knowledge and 
belief, the construction documents comply with the 
provisions of this code or the 1968 building code, if 
applicable, and other applicable laws and rules; if 
there exist practical difficulties in the way of carrying 
out the strict letter of the code, laws or rules, the appli- 
cant shall set forth the nature of such difficulties in 
such signed statement; and 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



2. A statement certifying (i) that the site of the building 
to be altered or demolished, or the site of the new 
building to be constructed, contains no occupied 
housing accommodations subject to rent control or 
rent stabilization under chapters 3 and 4 of title 26 of 
the administrative code, or (ii) that the owner has noti- 
fied the New York state division of housing and com- 
munity renewal of the owner's intention to file such 
plans and has complied with all requirements 
imposed by the regulations of such agency as precon- 
ditions for such filing; or (iii) that the owner has not 
notified such agency of the owner's intention to file 
because the nature and scope of the work proposed, 
pursuant to such regulations, does not require notifi- 
cation. 

3. A professional certification. 

4. A statement certifying compliance with the energy 
conservation construction code of New York state. 

§28-104.8.2 Owner statement. The application shall con- 
tain a signed statement by the owner, cooperative owners' 
corporation, or condominium owners' association stating 
that the applicant is authorized to make the application and, 
if applicable, acknowledging that construction documents 
will be accepted with less than full examination by the 
department based on the professional certification of the 
applicant. Such statement shall list the owner's full name 
and address, as well as the names of the principal officers, 
partners or other principals if a corporation, partnership or 
other entity. Principal officers of a corporation shall be 
deemed to include the president, vice presidents, secretary 
and treasurer. 

§28-104.8.3 Information of applicant, filing representa- 
tive, and owner. The application shall set forth the full 
names, addresses, telephone numbers, and where available, 
e-mail addresses of the following persons and where any of 
such persons are corporations, partnerships or other busi- 
ness entities, the names and addresses of the principal offi- 
cers, partners or other principals of such entity: 

1. The applicant; 

2. The filing representative; 

3. The owner, cooperative owners' corporation, or con- 
dominium owners' association; and 

4. Where a person other than the owner has engaged the 
applicant, such cooperative unit shareholder, condo- 
minium unit owner, lessee, or mortgagee. 

§28-104.8.4 Tenant protection plan. Construction docu- 
ments for alterations of buildings in which any dwelling unit 
will be occupied during construction shall include a tenant 
protection plan. Such plan shall contain a statement that the 
building contains dwelling units that will be occupied dur- 
ing construction and shall indicate in sufficient detail the 
specific units that are or may be occupied during construc- 
tion, the means and methods to be employed to safeguard 
the safety and health of the occupants, including, where 
applicable, details such as temporary fire-rated assemblies, 
opening protectives, or dust containment procedures. The 



elements of the tenant protection plan may vary depending 
on the nature and scope of the work but at a minimum shall 
make detailed and specific provisions for: 

1 . Egress. At all times in the course of construction pro- 
vision shall be made for adequate egress as required 
by this code and the tenant protection plan shall iden- 
tify the egress that will be provided. Required egress 
shall not be obstructed at any time except where 
approved by the commissioner. 

2. Fire safety. All necessary laws and controls, includ- 
ing those with respect to occupied dwellings, as well 
as additional safety measures necessitated by the con- 
struction shall be strictly observed. 

3. Health requirements. Specification of methods to 
be used for control of dust, disposal of construction 
debris, pest control and maintenance of sanitary facil- 
ities, and limitation of noise to acceptable levels shall 
be included. 

3.1. There shall be included a statement of compli- 
ance with applicable provisions of law relat- 
ing to lead and asbestos. 

4. Compliance with housing standards. The require- 
ments of the New York city housing maintenance 
code, and, where applicable, the New York state mul- 
tiple dwelling law shall be strictly observed. 

5. Structural safety. No structural work shall be done 
that may endanger the occupants. 

6. Noise restrictions. Where hours of the day or the 
days of the week in which construction work may be 
undertaken are limited pursuant to the New York city 
noise control code, such limitations shall be stated. 



ARTICLE 105 
PERMITS 

§28-105.1 General. It shall be unlawful to construct, enlarge, 
alter, repair, move, demolish, remove or change the use or 
occupancy of any building or structure in the city, or to erect, 
install, alter, repair, or use or operate any sign or service equip- 
ment in or in connection therewith, or to erect, install, alter, 
repair, remove, convert or replace any gas, mechanical, plumb- 
ing or fire suppression system in or in connection therewith or 
to cause any such work to be done unless and until a written 
permit therefore shall have been issued by the commissioner in 
accordance with the requirements of this code, subject to such 
exceptions and exemptions as may be provided in section 
28-105.4. 

§28-105.1.1 Notification to fire department. The com- 
missioner, in consultation with the fire commissioner, shall 
establish a procedure for notifying the fire department of the 
issuance of any permit that will result in the issuance of a 
new or amended certificate of occupancy or other change in 
the use or occupancy of the premises. In no instance shall 
the required notice be given to the fire department more than 
one business day after the date of the issuance of the permit. 



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§28-105.2 Classification of work permits. For the purposes 
of this code, work permits shall be classified as follows: 

1. New building permits: for the construction of new 
buildings. 

2. Alteration permits: for the alteration of buildings or 
structures, including partial demolition in conjunction 
therewith. 

3. Foundation and earthwork permits: for the con- 
struction or alteration of foundations, including earth- 
work, excavation, and fill. 

4. Full demolition permits: for the full demolition of 
buildings or structures. 

5. Plumbing permits: for the installation or alteration of 
plumbing and plumbing systems, including gas piping. 
Such permits shall include permits for limited plumb- 
ing alterations. 

6. Sign permits: for the erection or alteration of signs and 
sign structures. 

7. Service equipment permits: for the installation or 
alteration of service equipment, including but not lim- 
ited to air conditioning and ventilating systems, boilers, 
elevators, escalators, moving walkways and dumb- 
waiters. 

8 . Temporary construction equipment permits : for the 
erection, installation and use of temporary structures to 
facilitate construction and/or for public or worker 
safety during construction, including but not limited to 
temporary fences, railings, catch platforms, 
over- the- sidewalk chutes, footbridges, sidewalk sheds, 
and scaffolds. 

9. Fire suppression system permits: for the installation 
and alteration of fire suppression systems, including 
but not limited to sprinkler systems, standpipe systems, 
and non-water systems. Such permits shall include per- 
mits for limited sprinkler alterations and limited 
standpipe alterations. 

10. Crane and derrick permits: for the use of power 
operated cranes and derricks during construction. 

§28-1053 Separate permits required. Separate work permits 
shall be required, as provided above, except that separate per- 
mits for foundations and earthwork, or for the installation or 
alteration of air conditioning systems, ventilation systems, and 
heating systems shall not be required whenever such work is 
included in and forms a part of the construction documents 
filed for the construction of a new building or the alteration of a 
building or structure. 

§28-105.4 Work exempt from permit Exemptions from per- 
mit requirements of this code shall not be deemed to grant 
authorization for any work to be done in any manner in viola- 
tion of the provisions of this code, the zoning resolution or any 
other law or rules enforced by the department. Such exemp- 
tions shall not relieve any owner of the obligation to comply 
with the requirements of or file with other city agencies. Unless 



otherwise indicated, permits shall not be required for the fol- 
lowing: 

1. Emergency work, as set forth in section 28-105.4.1. 

2. Minor alterations and ordinary repairs, as described in 
section 28-105.4.2. 

3. Certain work performed by a public utility company or 
public utility corporation, as set forth in section 
28-105.4.3. 

4. Ordinary plumbing work, as set forth in section 
28-105.4.4. 

5. Permits for the installation of certain signs, as set forth in 
section 28-105.4.5. 

6. Other categories of work as described in department 
rules, consistent with public safety. 

§28-105.4.1 Emergency work. Work that would otherwise 
require a permit may be performed without a permit to the 
extent necessary to relieve an emergency condition. An 
application for a permit shall be submitted within 2 business 
days after the commencement of the emergency work and 
shall include written description of the emergency condition 
and the measures undertaken to mitigate the hazard. Emer- 
gency work may include but shall not be limited to: 

1. Erection of sidewalk sheds, fences, or other similar 
structures to protect the public from an unsafe condi- 
tion. 

2. Stabilization of unsafe structural conditions. 

3. Repair of gas leaks. 

4. Repair or replacement of heating or hot water equip- 
ment servicing residential occupancies during the 
heating season as established by the New York city 
housing maintenance code. 

5. Replacement of parts required for the operation of a 
combined standpipe or sprinkler system. 

§28-105.4.2 Minor alterations and ordinary repairs. A 
permit shall not be required for minor alterations and ordi- 
nary repairs. 

§28-105.4.2.1 Definitions. The following words and 
terms shall, for the purposes of this section 28-105.4.2 
and as used elsewhere in this code, have the meanings 
shown herein. 

MINOR ALTERATIONS. Minor changes or modifica- 
tions in a building or any part thereof, excluding addi- 
tions thereto, that do not in any way affect health or the 
fire or structural safety of the building or the safe use and 
operation of the service equipment therein. Minor alter- 
ations shall not include any of the work described as 
"work not constituting minor alterations or ordinary 
repairs." 

ORDINARY REPAIRS. Replacements or renewals of 
existing work in a building, or of parts of the service 
equipment therein, with the same or equivalent materials 
or equipment parts, that are made in the ordinary course 
of maintenance and that do not in any way affect health or 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



the fire or structural safety of the building or the safe use 
and operation of the service equipment therein. Ordinary 
repairs shall include the repair or replacement of any 
plumbing fixture, piping or faucets from any exposed 
stop valve to the inlet side of a trap. Ordinary repairs shall 
not include any of the work described as "work not con- 
stituting minor alterations or ordinary repairs." 

WORK NOT CONSTITUTING MINOR ALTER- 
ATIONS OR ORDINARY REPAIRS. Minor alter- 
ations or ordinary repairs shall not include: 

1 . The cutting away of any load bearing or required 
fire rated wall, floor, or roof construction, or any 
portion thereof. 

2. The removal, cutting, or modification of any 
beams or structural supports; 

3. The removal, change, or closing of any required 
exit; 

4. The addition, rearrangement, relocation, removal 
or replacement of any parts of the building affect- 
ing loading or exit requirements, or light, heat, 
ventilation, or elevator requirements or accessibil- 
ity requirements or any fire suppression system; 

5. Additions to, alterations of, or rearrangement, 
relocation, replacement, repair or removal of any 
portion of a standpipe or sprinkler system, water 
distribution system, house sewer, private sewer, or 
drainage system, including leaders, or any soil, 
waste or vent pipe, or any gas distribution system; 

6. Any plumbing work other than the repair or 
replacement of plumbing fixtures, piping or fau- 
cets from the exposed stop valve to the inlet side of 
a trap; 

7 . The alteration or repair of a sign for which a permit 
is required; or 

8 . Any other work affecting health or the fire or struc- 
tural safety of the building or the safe use and oper- 
ation of the service equipment therein. 

§28-105.4.3 Public utility company or public utility cor- 
poration. A permit shall not be required for: 

1. The installation or alteration of gas service piping or 
gas meter piping including meters, valves, regulators, 
and related equipment, when such work is to be per- 
formed and serviced and maintained by utility corpo- 
rations subject to the jurisdiction of the New York 
state public service commission; 

2. The emergency repair of gas distribution piping when 
such work is performed by licensed master plumbers 
or by utility corporations subject to the jurisdiction of 
the New York state public service commission, in 
order to alleviate hazardous conditions, provided that 
a written report describing the details of such repairs 
shall be filed with the commissioner upon completion 
of the work. 

§28-105.4.4 Ordinary plumbing work. The following 
ordinary plumbing work may be performed without a per- 



mit, provided that the licensed plumber performing such 
work: (i) provides a monthly report listing completed work 
and work in progress during the preceding month, including 
the block, lot and address of each job, a description of the 
work performed or in progress at each address, and the loca- 
tion in each building where the work was performed or is in 
progress; (ii) pays the fees for such work in accordance with 
this code; and (iii) submits to the department a certification 
that the work was performed in accordance with this code 
and all applicable laws and rules. Ordinary plumbing work 
shall include: 

1 . The removal of a domestic plumbing system not con- 
nected to a fire suppression system, or the removal of 
a portion of such system. 

2. The relocation of up to two plumbing fixtures within 
the same room to a maximum of 10 feet (3048 mm) 
distant from the original location, except in health 
care facilities. 

3 . The installation, replacement or repair of a food waste 
grinder (food waste disposal) or back flow preventer 
and the replacement or repair of a sump pump. 

4. The replacement of closet bends. 

5. In buildings in occupancy group R2 occupied by 
fewer than six families or in buildings in occupancy 
group R3, the replacement of a gas water heater or a 
gas fired boiler with a capacity of 350,000 BTU or 
less where the existing appliance gas cock is not 
moved, provided that the plumber has inspected the 
chimney and found it to be in good operational condi- 
tion. 

6. The repair or replacement of any non-gas, non-fire 
suppression piping not longer than 10 feet (3048 mm) 
inside a building, or connected piping previously 
repaired or replaced under this provision. 

7. The repair or replacement of non-fire suppression 
branch piping after the riser shutoff valve, including 
the replacement of fixtures, limited to two bathrooms 
and one kitchen per building per monthly reporting 
period. 

§28-105.4.5 Sign permits. A sign permit shall not be 
required where the sign is: 

1. Painted directly on the exterior wall surface of a 
building or on the surface of a fence; 

2. A wall sign of not more than six square feet (0.56 m 2 ) 
in area; 

3 . Erected by employees of a city agency, including traf- 
fic and other similar signs; 

4. A ground sign advertising the sale or rental of the pre- 
mises on which it is erected, provided the sign does 
not exceed 12 square feet (1.1 m 2 ) in area; 

5. Temporary and erected during construction work and 
related thereto; or 

6. Temporary for special decorative display use for holi- 
days, public demonstrations, or the promotion of 
civic, welfare or charitable purposes, except that 



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ADMINISTRATION 



signs that utilize streets or cross streets shall be sub- 
ject to the requirements of the department of transpor- 
tation. 
7. Temporary signs announcing the sale or rental of real 
property. 

§28-105.5 Application for permit. All applications for per- 
mits shall be submitted on forms furnished by the department. 
Applications shall include all information required by this 
code, other applicable law or the rules of the department. The 
applicant shall list any portions of the design that have been 
approved for deferred submittal in accordance with section 
28-104.2.6. The application shall set forth an inspection pro- 
gram for the job. An application for a permit shall be submitted 
no later than 12 months after the approval of all required con- 
struction documents (other than those documents approved for 
deferred submittal). 

§28-105.6 Fees. Applications for permits shall be accompa- 
nied by the payment of appropriate fees as provided for in arti- 
cle 112. 

§28-105.7 Time limitation of applications. An application 
for a permit shall be deemed to have been abandoned 12 
months after the date of its submission, unless such application 
has been diligently prosecuted after rejection in whole or in 
part, or a permit shall have been issued except that the commis- 
sioner may, for reasonable cause, and upon payment of all rein- 
statement fees as provided for in this code, grant extensions of 
time for additional 12-month periods. 

§28-105.8 Validity of permit. The issuance or granting of a 
permit shall not be construed to be a permit for, or an approval 
of, any violation of any of the provisions of this code or of any 
other law or rule. Permits presuming to give authority to violate 
or cancel the provisions of this code or other law or rule shall 
not be valid. The issuance of a permit based on construction 
documents and other data shall not prevent the commissioner 
from requiring the correction of errors in the construction doc- 
uments and other data. The commissioner is authorized to pre- 
vent any occupancy, use or work in violation of this code, the 
zoning resolution or other law or rale enforced by the depart- 
ment. 

§28-105.8.1 Duration of permit. Permits may be issued for 
a period of up to two years unless otherwise limited by law. 

§28-105.8.2 Signature of commissioner on permit. Every 
permit issued by the commissioner shall have his or her sig- 
nature affixed thereto; but the commissioner may authorize 
any subordinate to affix such signature, including by the use 
of electronic means. 

§28-105.9 Expiration. All permits issued by the commis- 
sioner shall expire by limitation and become invalid if the per- 
mitted work or use is not commenced within 12 months from 
the date of issuance of the permit or, if commenced, is sus- 
pended or abandoned for a period of 12 months thereafter. All 
permits for work in an area of special flood hazard pursuant to 
Appendix G of the New York city building code shall expire if 
the actual start of permanent construction has not occurred 
within 180 days from the date on which such permit is issued. 
The commissioner may, however, upon good cause shown, 
reinstate a work permit at any time within a period of two years 



from the date of issuance of the original permit, provided that 
the work shall comply with all the requirements of this code 
and other applicable laws and rules in effect at the time applica- 
tion for reinstatement is made, and provided further that the 
applicant shall pay all reinstatement fees as required by article 
1 12. The permit shall automatically expire upon the expiration 
of required insurance or if the applicant holds a license issued 
by the department upon the expiration or revocation of such 
license during the term of the permit. 

§28-105.10 Suspension or revocation of permit. The com- 
missioner is authorized to suspend or revoke a permit issued 
under the provisions of this code. 

§28-105.10.1 Notice of proposed revocation. The com- 
missioner may, on written notice to the permit holder, 
revoke any permit for failure to comply with the provisions 
of this code or other applicable laws or rules; or whenever 
there has been any false statement or any misrepresentation 
as to a material fact in the application or submittal docu- 
ments upon the basis of which such approval was issued; or 
whenever a permit has been issued in error and conditions 
are such that the permit should not have been issued. Such 
notice shall inform the permit holder of the reasons for the 
proposed revocation and that the applicant has the right to 
present to the commissioner or his or her representative 
within 10 business days of delivery of the notice by hand or 
15 calendar days of the posting of notice by mail, informa- 
tion as to why the permit should not be revoked. 

§28-105.10.2 Immediate suspension in cases of immi- 
nent peril. The commissioner may immediately suspend 
any permit without prior notice to the permit holder when 
the commissioner has determined that an imminent peril to 
life or property exists. The commissioner shall forthwith 
notify the permit holder that the permit has been suspended 
and the reasons therefore, that it is proposed to be revoked, 
and that the permit holder has the right to present to the com- 
missioner or his or her representative within 10 business 
days of delivery of the notice by hand or 1 5 calendar days of 
the posting of notice by mail information as to why the per- 
mit should not be revoked. 

§28-105.11 Posting of permit. The building permit or copy 
shall be posted in a conspicuous place at the work site, visible 
to the public for the duration of the work or the use and opera- 
tion of the equipment, or until the expiration of the permit. No 
such permit shall be posted or displayed at any location other 
than the location of the premises or equipment for which the 
permit was issued. 

§28-105.12 Conditions of permit Permits shall be subject to 
the following conditions: 

§28-105.12.1 Compliance with code. Permits shall be 
deemed to incorporate the provisions that the applicant, the 
owner, their agents, employees, and contractors shall carry 
out the permitted work in accordance with the provisions of 
this code and other applicable laws or rules, whether speci- 
fied or not, except as variations have been legally permitted 
or authorized. 

§28-105.12.2 Compliance with construction documents. 
All work shall conform to the approved construction docu- 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-15 



ADMINISTRATION 



ments, and any approved amendments thereto. Changes and 
revisions during the course of construction shall conform to 
the amendment requirements of this code. 

§28-105.12.3 Adherence to lot diagram. All work shall be 
strictly located in accordance with the lot diagram approved 
in accordance with this code and no lot or plot shall be 
changed, increased or diminished in area from that shown 
on the approved lot diagram, unless and until a revised dia- 
gram showing such changes, accompanied by the necessary 
statement of the owner or applicant, shall have been submit- 
ted to and approved by the commissioner. 

§28-105.12.4 Compliance with safety requirements. All 

work shall be conducted in accordance with and subject to 
the safety requirements of this code and other applicable 
laws or rules, including any order or requirement of the 
commissioner that the building or structure under construc- 
tion or alteration be vacated, in whole or in part, during the 
progress of the work and until the issuance of a certificate of 
occupancy. Adjoining lots and properties shall be protected 
in accordance with this code. 

§28-105.12.5 Compliance with noise control code 
required. All work shall be performed in compliance with 
the provisions of the New York city noise control code as set 
forth in chapter 2 of title 24 of the administrative code. Fail- 
ure to comply with sections 24-222 and 24-223 of the 
administrative code shall be a violation of this code. 

§28-105.12.6 Deferred submittals. Where permits are 
issued subject to deferred submittal of portions of the design 
as provided for in section 28-104.2.6, the deferred submittal 
items shall not be installed until the construction and 
submittal documents for such portions have been approved 
by the department and, where applicable, new or amended 
permits have been issued. 

§28-105.12.7 Insurance. Where workers compensation, 
employee disability or liability insurance is required by law 
or department rule, the applicant for the work permit shall 
obtain and include proof of such insurance with the work 
permit application. The permit shall expire by operation of 
law if the insurance upon which the permit was conditioned 
lapses, expires or is cancelled, unless the permit holder files 
proof of alternate insurance before such event. 

§28-105.12.7.1 Insurance coverage for adjacent 

properties. A person who obtains a permit for construc- 
tion or demolition operations shall, at such person's own 
expense, procure and maintain for the duration of the 
operations, insurance of a kind and in an amount speci- 
fied by rule of the department, to insure any and all adja- 
cent property owners and their lawful occupants fully for 
all risks of loss, damage to property or injury to or death 
of persons, arising out of or in connection with the per- 
formance of the proposed work. Such person shall sub- 
mit proof of insurance to the department when applying 
for a permit for construction or demolition work. 

§28-105.12.8 Site safety plan. Where required by this code 
or by the department, applications shall include a site safety 
plan approved in accordance with the New York city build- 
ing code. All work shall adhere to the site safety plan. 



ARTICLE 106 
ASBESTOS INVESTIGATION 

§28-106.1 Asbestos investigation. In addition to the require- 
ments otherwise prescribed, all applications for construction 
document approval for work on buildings constructed on or 
before April 1, 1987 shall include asbestos certifications, 
reports or removal plans as may be required by this article. 

Exception: Types of activities exempted pursuant to rules 
of the commissioner of environmental protection. 

§28-106.2 Demolition and alteration of buildings con- 
structed on or before April 1, 1987. The commissioner shall 
not approve or accept an application for construction document 
approval for the demolition or alteration of a building con- 
structed on or before April 1, 1987, unless the applicant sub- 
mits (i) a certification from an asbestos investigator that the 
work to be performed will not constitute an asbestos project, 
(ii) an asbestos inspection report completed in accordance with 
the provisions of section 24-146.1 of the administrative code, 
or (iii) proof that an asbestos removal plan has been approved 
by the commissioner of the New York city department of envi- 
ronmental protection in accordance with section 24-146.1 of 
the administrative code. 

§28-106.3 Asbestos project. The commissioner shall not 
approve construction documents for work that constitutes an 
asbestos project and for which an asbestos inspection report is 
required unless the applicant at the time of application and 
prior to approval of the construction documents certifies on 
forms prescribed by the commissioner of environmental pro- 
tection that the applicant is familiar with federal, state and local 
laws and regulations applicable to asbestos related work. 

§28-106.4 Definitions. For the purposes of this article, the 
terms "asbestos," "asbestos inspection report," "asbestos 
investigator," "asbestos project" and "asbestos removal plan" 
shall have the meanings as are ascribed in section 24-146.1 of 
the administrative code. 



ARTICLE 107 
ALTERATION OR DEMOLITION OF SINGLE ROOM 

OCCUPANCY MULTIPLE DWELLINGS 
§28-107.1 General. The commissioner shall not approve con- 
struction documents for the alteration or demolition of a single 
room occupancy multiple dwelling except as set forth in this 
article. 

§28-107.2 Definitions. The following words and terms shall, 
for the purposes of this article and elsewhere in the code, have 
the meanings shown herein. 

CLASS A MULTIPLE DWELLING, CLASS B MULTI- 
PLE DWELLING, FURNISHED ROOM HOUSE, 
ROOMING UNIT AND SINGLE ROOM OCCUPANCY. 
Shall have the meanings set forth in section 27-2004 of the New 
York city housing maintenance code. 

SINGLE ROOM OCCUPANCY MULTIPLE DWELL- 
ING. A single room occupancy multiple dwelling means: 

1. A "class A multiple dwelling" used in whole or part as a 
"rooming house" or "furnished room house," or for "sin- 



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gle room occupancy" pursuant to section 248 of the New 
York state multiple dwelling law; 

2. A "class A multiple dwelling" containing "rooming 
units"; or 

3. A "class B multiple dwelling." 

Exception: The term single room occupancy multi- 
ple dwelling shall not include: 

1. College or school dormitories; 

2. Clubhouses; 

3. Luxury hotels, as such term is defined by the 
commissioner of housing preservation and 
development; or 

4. Residences whose occupancy is restricted to an 
institutional use such as housing intended for 
use by the employees of a single company or 
institution; 

5. City-owned multiple dwellings; or 

6. Any multiple dwelling containing fewer than 
nine "class B" dwelling units; used for single 
room occupancy unless the total number of 
such units is more than fifty percent of the total 
number of dwelling units in such multiple 
dwelling; or 

7. Any multiple dwelling that: 

7.1. Is the subject of a program approved by 
the commissioner of housing preserva- 
tion and development and related to the 
rehabilitation of a single room occu- 
pancy multiple dwelling or the provi- 
sion of housing for persons of low or 
moderate income, other than a program 
consisting solely of real property tax 
abatement or tax exemption; and 

7.2. Has been exempted from the provisions 
of this article by the commissioner of 
housing preservation and development. 

§28-107.3 Covered categories of work. Applications for the 
approval of construction documents for the following catego- 
ries of work are covered by this article: 

1 . Demolition of a single room occupancy multiple dwell- 
ing; 

2. Alteration of a single room occupancy multiple dwelling 
to a class A multiple dwelling to be used in whole or in 
part for other than single room occupancy purposes; 

3. Alteration of a single room occupancy multiple dwelling 
resulting in the removal or addition of kitchen or bath- 
room facilities; and 

4. Such other types of alteration work to a single room 
occupancy multiple dwelling as shall be prescribed by 



rule of the commissioner of housing preservation and 
development, in consultation with the commissioner. 

Exceptions: 

1. Work solely for the purpose of either (i) making the 
public areas of a multiple dwelling accessible to per- 
sons with disabilities without altering the configura- 
tion of any dwelling unit or rooming unit or (ii) 
making a dwelling unit or a rooming unit accessible to 
persons with disabilities shall not be covered by this 
article. 

2. Repairs, demolition or any other work performed by a 
city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article. 

§28-107.4 Required submittal documents. The commis- 
sioner shall not approve any construction documents for a sin- 
gle room occupancy multiple dwelling for the covered 
categories of work unless the applicant provides: 

1. A sworn affidavit by or on behalf of all the owners, as 
such term is defined in section 27-2004 of the New York 
city housing maintenance code, of such multiple dwell- 
ing that there will be no harassment of the lawful occu- 
pants of such multiple dwelling by or on behalf of such 
owners during the construction period; 

2. A tenant protection plan as provided for in this code; and 

3. One of the following documents from the commissioner 
of housing preservation and development: 

3. 1 . A certification that there has been no harassment 
of the lawful occupants of such multiple dwelling 
within the 36 month period prior to submission of 
an application for such certification to the depart- 
ment of housing preservation and development, 
provided, however, that such certification shall 
except any portion of such 36 month period dur- 
ing which title was vested in the city; or 

3.2. A waiver of such certification. 

§28-107.5 Filing process. After submitting an application for 
construction document approval to the commissioner and 
obtaining the identifying job number for the same, the appli- 
cant shall forward a copy of such application to the commis- 
sioner of housing preservation and development, together with 
an application for a certification of no harassment pursuant to 
section 27-2093 of the housing maintenance code. 

§28-107.6 Time period for acceptance or rejection. The time 
period in which the commissioner is required to approve or 
reject an application for construction document approval or 
resubmission thereof pursuant to this code shall commence 
from the date that the commissioner receives either the certifi- 
cation or waiver pursuant to this article. 

§28-107.7 Denial of certification. Where the commissioner of 
housing preservation and development denies the certification 
required by this article, the commissioner shall reject the appli- 
cation for construction document approval. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



§28-107.8 Request for stop- work or rescission. The commis- 
sioner shall be empowered to issue a stop- work notice or order 
with respect to an alteration or demolition permit and/or to 
rescind approval of construction documents at the request of 
the commissioner of housing preservation and development 
pursuant to section 27-2093 of the New York city housing 
maintenance code. 

§28-107.9 Effect of denial or rescission. Where the commis- 
sioner rejects or rescinds the approval of construction docu- 
ments pursuant to this article, no further application for the 
covered categories of work shall be considered by the commis- 
sioner for a period of 36 months following the date of the denial 
of the certification of no harassment by the commissioner of 
housing preservation and development or the date of the rescis- 
sion of such certification of no harassment by such commis- 
sioner. 



ARTICLE 108 
PAVEMENT PLAN 

§28-108.1 General. The commissioner shall not issue a permit 
for the erection of a new building or for alterations that will 
require the issuance of a new or amended certificate of occu- 
pancy without a statement that no certificate of occupancy shall 
be issued unless the sidewalk in front of or abutting such build- 
ing, including but not limited to the intersection quadrants for 
corner properties, shall have been paved or repaired by the 
owner, at his or her own cost, in the manner, of the materials, 
and in accordance with the standard specifications prescribed 
by the New York city department of transportation pursuant to 
sections 19-113 and 19-115 of the administrative code. 

Exceptions: 

1. Application for the erection of an accessory building 
appurtenant to an existing one- or two-family dwell- 
ing. 

2. Where the commissioner determines that a sidewalk 
is not required, provided that such determination shall 
not affect the obligations of the owner under subdivi- 
sion a of section 19-152 of the administrative code, 
nor relieve the owner of any such obligations, nor 
impair or diminish the rights of the city or its agencies 
to enforce such obligations. 

3 . Where the extent of the change in use or occupancy or 
the cost of the alteration does not exceed a threshold 
established pursuant to rule of the commissioner. 

§28-108,2 Pavement plan required. Construction documents 
shall include a pavement plan processed and approved under 
guidelines established by the department. The pavement plan 
shall include documentation sufficient to show compliance 
with the standards and specifications of the New York city 
department of transportation pursuant to sections 19-113 and 
19-115 of the administrative code. 

Exception: No pavement plan shall be required with 
respect to an alteration application for a building where the 
applicant certifies that there is a sidewalk in existence in 
front of or abutting such building, including but not limited 
to the intersection quadrants for corner properties, comply- 



ing with the specifications of the New York city department 
of transportation, and that the nature of such alteration work 
will neither remove such existing sidewalk nor cause dam- 
age to such existing sidewalk such that the damage could not 
be corrected as minor repairs prior to issuance of the certifi- 
cate of occupancy. 

§28-108.3 Improvement of streets. The commissioner shall 
insure that streets are suitably improved in accordance with the 
standards and specifications of the department of transporta- 
tion as required by subdivision two of section thirty-six of the 
general city law and shall otherwise carry out the provisions of 
such subdivision. 



ARTICLE 109 
FIRE PROTECTION PLAN 

§28-109.1 Fire protection plan required for covered build- 
ings. New building and alteration applications for covered 
buildings as set forth in section 28-109.2 shall include a fire 
protection plan prepared by or under the supervision of a regis- 
tered design professional who shall professionally certify such 
plan. Such plan shall be approved by the department and the 
fire department prior to issuance of a certificate of occupancy, a 
temporary certificate of occupancy or a letter of completion, as 
applicable. 

Exception: No fire protection plan shall be required for an 
alteration that meets all three of the following requirements: 

1 . The alteration does not involve a change of use or 
occupancy; 

2. The alteration does not exceed one million dollars; 
and 

3. The alteration does not create an inconsistency with a 
previously approved fire protection plan. 

§28-109.2 Covered buildings. Covered buildings include: 

1. High-rise buildings as described in section 403 of the 
New York city building code. 

2. Occupancy groups B, E, F, H, M, or S occupying two or 
more stories with over 20,000 gross square feet (1858 
m 2 ) of floor area per floor, or occupying two or more sto- 
ries in a building with a total floor area exceeding 50,000 
gross square feet (4645 m 2 ). 

3. Any building containing an assembly occupancy having 
an occupant load of 300 or more persons. 

4. Occupancy group I or R- 1 occupying two or more stories 
and containing sleeping accommodations for 30 or more 
persons. 

5. Occupancy group R-2 occupancies containing 30 or 
more dwelling units in a building where over 10,000 
gross square feet (929 m 2 ) of floor area is occupied by 
occupancy group A, E, M, or I. 

§28-1093 Scope. The plan shall include the following infor- 
mation, where applicable: 

1. A description of the building including: address; block 
and lot numbers; number of stories; height in feet; occu- 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



pancy group; construction classification; occupancy 
load and department of buildings job number; 

2. All floors, exits, doors, corridors, and partitions serving 
as fire barriers, fire partitions, fire walls; locations and 
ratings of required enclosures and fire areas; stairs with 
pressurization; roof access; exit discharges; and loca- 
tions of any required frontage space; and 

3. In narrative form, a description of safety systems and 
features, including: 

3.1. Communications systems. 

3.2. Alarm systems. 

3.3. Smoke and carbon monoxide detection equip- 
ment. 

3.4. Location of fire command station. 

3.5. Elevator recall. 

3.6. Emergency lighting and power. 

3.7. Standpipes. 

3.8. Sprinklers. 

3.9. Emergency power systems. 

3.10. Mechanical ventilation and air conditioning. 

3.11. Smoke control systems and equipment. 

3.12. Furnishings types and materials. 

3.13. Places of assembly. 

3.14. Fire department access. 

3.15. Photoluminescent pathway markings. 

3.16. Other safety related systems, required and vol- 
untary, to be installed. 



ARTICLE 110 
SITE SAFETY PLAN 

§28-110.1 Site safety plan. Where a site safety plan is required 
by chapter 33 of the New York city building code, such plan 
shall include the following: 

1. Location of all construction fences around work site; 

2. Location of all gates in construction fences; 

3. Location of standard guardrails around excavations, 
when required; 

4. Horizontal and vertical netting program, including 
details of the initial installation, schedule of horizontal 
jumps and vertical installations, and designated crane 
and derrick lifting areas where horizontal netting is 
omitted. The program shall include as an attachment 
any department approval obtained regarding required 
safety netting during construction or demolition opera- 
tions; the revised site safety plan shall be approved; 

5. Location of all sidewalk sheds, including appropriate 
department application numbers and department of 
transportation permit numbers and expiration dates; 



6. Location of all temporary walkways, including appro- 
priate department application numbers and department 
of transportation permit numbers and expiration dates; 

7. Location of foot bridges and motor vehicle ramps, 
including appropriate department application numbers 
and department of transportation permit numbers and 
expiration dates; 

8. Protection of side of excavation, when required, 
including appropriate department application numbers 
and department of transportation permit numbers and 
expiration dates; 

9. Location of all street and sidewalk closing(s), includ- 
ing appropriate department application numbers and 
department of transportation permit numbers and expi- 
ration dates; 

10. Approximate location of material and personnel 
hoist(s) and loading areas, including appropriate 
department application numbers and department of 
transportation permit numbers and expiration dates; 

11. Approximate location of all crane and derrick loading 
areas; 

12. Location of all surrounding buildings, indicating occu- 
pancy, height and type of any required roof protection; 

1 3 . Location of all standpipe system and Siamese hose con- 
nections; 

14. Location of all temporary elevators for fire department 
use when building is above 75 feet (22 860 mm) in 
height; 

15. Location of all exterior contractors' sheds; 

16. All required safety netting and scaffolding; 

17. Widths of all sidewalks and roadways; all traffic infor- 
mation; all exits from job site; 

18. A copy of the proposed site safety manager or site 
safety coordinator's certificate, as applicable, includ- 
ing the certificate for any alternate site safety manager 
or site safety coordinator; and 

19. Such features requiring special sequencing in order to 
maintain safe conditions with a written description of 
those sequences. 

§28-110.2 Phased site safety plans. Multiple layouts of the 
site safety features enumerated in section 28- 1 1 0. 1 may be sub- 
mitted at any time during construction operations to show 
phased site safety designs consistent with the phase of antici- 
pated work. 



ARTICLE 111 
TEMPORARY STRUCTURES AND USES 

§28-111.1 General. The commissioner is authorized to issue a 
permit for temporary structures and temporary uses. Such per- 
mits shall be limited as to time of service or use, but shall not be 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-19 



ADMINISTRATION 



permitted for more than 30 days. The commissioner may grant 
extensions for demonstrated cause. 

Exception: No permit shall be required for: 

1. The erection and use of temporary tents of less than 
400 gross square feet (37 m 2 ) for not more than 30 
days. 

2. The erection and use of temporary platforms, review- 
ing stands, outdoor bandstands and similar miscella- 
neous structures that cover an area less than 120 
square feet (11.16 m 2 ), including connecting areas or 
spaces with a common means of egress or entrance, 
for not more than 30 days. 

§28-111.2 Conformance. Temporary structures and uses shall 
conform to the structural strength, fire safety, means of egress, 
accessibility, light, ventilation and sanitary requirements of 
this code as necessary to ensure the public health, safety and 
general welfare. 

§28-1113 Termination of approval. The commissioner is 
authorized to terminate such permit for a temporary structure 
or use and to order the temporary structure or use to be discon- 
tinued. 

§28-111.4 Application processing. Application for such 
structures and uses shall be submitted to the department no 
later than 15 business days prior to the construction of the tem- 
porary structure or the commencement of the temporary use. 

§28-111.5 Fees. Applications for such permits shall be accom- 
panied by the applicable fees in accordance with article 112. 
Fees for subsequent requests for renewals shall be paid upon 
approval of such requests. 



ARTICLE 112 
FEES 

§28-112.1 Payment of fees. A permit, inspection, or other ser- 
vice or privilege as regulated in this code shall not be valid until 
the fees prescribed herein or in rules have been paid, nor shall a 
renewal of a permit or other service or privilege or an amend- 
ment to a permit be released until the fee has been paid. In addi- 
tion, an approval required to be reissued due to a change in 
product name, company name and/or address, contact informa- 
tion or principals, shall not be reissued until a reissuance fee, if 
any, has been paid. The department shall adopt such rules and 
shall prescribe such forms as may be necessary to carry out the 
provisions of this article. 

Exceptions: 

1 . A permit, inspection or other service or privilege as 
regulated in this code shall not be subject to this provi- 
sion if the owner of the building or property affected 
is a corporation or association organized and operated 
exclusively for religious, charitable or educational 
purposes, or for one or more such purposes, no part of 
the earnings of which inures to the benefit of any pri- 
vate shareholder or individual, and provided that the 
property affected is to be used exclusively by such 
corporation or association for one or more of such 
purposes. 



2. A permit, inspection or other service or privilege as 
regulated in this code shall not be subject to this provi- 
sion if the work proposed is emergency work per- 
formed by a city agency or by a contractor pursuant to 
a contract with a city agency. 

§28-112.2 Schedule of permit fees. Permits for new buildings, 
structures, mechanical, and plumbing systems or alterations 
requiring a permit shall be accompanied by a fee for each per- 
mit in accordance with the fee schedule of Table 28-112.2. 
Fifty percent of the total fee for the work permit, but not less 
than one hundred dollars, or the total fee for the work permit 
where such fee is less than one hundred dollars, shall be paid 
and shall accompany the first application for the approval of 
construction documents; and the whole or remainder of the 
total fee shall be paid before the work permit may be issued. 
The commissioner may require reasonable substantiation of 
any statement or other form that may be required by the depart- 
ment. 

§28-112.3 Building permit valuations. Where applicable, the 
applicant for a permit shall provide an estimated job construc- 
tion cost at time of application. Cost estimates shall include 
total value of work, including materials and labor, for which the 
permit is being issued, such as installation or alteration of 
building, gas, mechanical, plumbing equipment and perma- 
nent systems. If, in the opinion of the department, the valuation 
is underestimated on the application, the permit shall be 
denied, unless the applicant can show detailed estimates to 
meet the approval of the department. Final building permit val- 
uation shall be set by the department. 

§28-112.4 Work commencing before permit issuance. Any 

person who commences any work before obtaining the neces- 
sary permits shall be subject to a penalty as specified in this 
code that shall be in addition to the required permit fees. 

§28-112.5 Related fees. The payment of the fee for the con- 
struction, alteration, removal or demolition for work done in 
connection or concurrently with the work authorized by a 
building permit shall not relieve the applicant or holder of the 
permit from the payment of other fees that are prescribed by 
law. 

§28-112.6 Refunds and rebates. Upon application to the 
comptroller of the city of New York, and upon verification of 
claim by the commissioner, refunds or rebates of partial or full 
fees shall be provided as set forth in sections 28-112.6.1 
through 28-112.6.3. 

§28-112.6.1 Withdrawal of work permit applications. In 

the event that an owner withdraws an application, the owner 
may obtain a refund of all or a portion of the fee paid as fol- 
lows: 

1. If an application for construction document approval 
is withdrawn prior to the commencement of examina- 
tion of the application all but forty dollars of the 
deposit fee paid shall be refunded. 

2. If an application for construction document approval 
is withdrawn during the progress of examination of 
the application, the comptroller shall retain a percent- 
age of the deposit fee paid, which the department shall 
certify is the equivalent percentage of the examina- 



A-20 



NEW YORK CiTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



tion completed, but not less than one hundred dollars. 
The remainder of the deposit fee shall be refunded to 
the owner. 
3. If an application for construction document approval 
is withdrawn after examination of construction docu- 
ments and/or construction document approval and 
before issuance of permit, there shall be refunded by 
the comptroller 50 percent of the total computed fee 
for the permit, except that not less than one hundred 
dollars shall be retained by the comptroller. 

§28-112.6.2 Withdrawal of cranes and derricks applica- 
tions. If the applicant withdraws his or her application for a 
certificate of approval for a power-operated crane, derrick 
or cableway, such applicant may obtain a refund of a portion 
of the fees as follows: 

1. If the application is withdrawn prior to the com- 
mencement of examination by the department, the 
entire fee shall be refunded except one hundred dol- 
lars. 

2. If the application is withdrawn after the examination 
has commenced, the comptroller shall retain a per- 
centage of the fee paid, which the department shall 
certify is the equivalent percentage of the examina- 
tion performed, but not less than one hundred dollars. 
The remainder of the fee shall be refunded to the 
applicant. 

3. If the application is withdrawn after the department 
has performed its examination, whether or not the 
application has been approved no part of the fee shall 
be returned to the applicant. 

§28-112.6.3 Incentive rebates. With respect to the rebates 
under this section 28- 1 12.6, the commissioner may, at his or 
her discretion, issue a rebate of application fees as follows 
and as established by rule. 

§28-112.6.3.1 Renewable energy rebates. Owners who 
demonstrate the production on a zoning lot of five per- 
cent or more of the annual energy consumption on the 
zoning lot through renewable energy sources may 
receive a fee rebate as established by rule. 

§28-112.6.3.2 Rebate for energy use reduction. Own- 
ers who demonstrate a reduction in energy use from that 
allowed at the time of permit by the New York state 
energy conservation construction code as a result of the 
permitted work may receive a fee rebate as established 
by rule. 

§28-112.6.3.3 Rebate for water conservation systems. 
Owners who demonstrate conservation of water taken 
from the city supply by providing evidence of achieving 
the water-recycling discount authorized by the New York 
city water board may receive a fee rebate as established 
by rule. 

§28-112.6.3.4 Rebate for redevelopment, remediation 
and reuse of contaminated properties known as 
brownfields. Owners who demonstrate that their site 



was contaminated and has been certified as remediated 
by the United States environmental protection agency or 
the New York state department of environmental conser- 
vation, or has received a notice of satisfaction from the 
New York city department of environmental protection, 
may receive a fee rebate as established by rule. 

§28-112.6.3.5 Rebate for recycling construction and 
demolition waste. Owners who demonstrate the recy- 
cling of construction and demolition waste may receive a 
fee rebate as established by rule. 

§28-112.6.3.6 Rebate for bicycle storage facilities. 
Except for R-3 occupancy, owners who demonstrate that 
they have provided secured indoor bicycling facilities 
accessible to all building occupants may be rebated their 
fees as set out in rule. Such facilities shall be identified on 
approved plans and shall be noted on the certificate of 
occupancy with a statement that the bicycling accommo- 
dations dedicated to such facilities were provided in 
accordance with this section. 

§28-112.6.3.7 Rebate for LEED or other environmen- 
tal design certification. Owners who demonstrate cer- 
tification of their project, which was signed off following 
the effective date of this code, by the United States Green 
Building Council based upon the Council's Leadership 
in Energy and Environmental Design (LEED) rating sys- 
tem or as otherwise provided by rule, may be rebated 
their fees as set out in rule. 

§28-112.6.3.8 Other rebates. The commissioner is 
authorized to promulgate rules to rebate fees following 
sign-off based upon the installation of energy-conserv- 
ing systems. 

§28-112.7 Inspection fees. Aside from the inspection fees 
covered under permit fees above, the following inspection fees 
shall be paid according to requirements of this code and as pro- 
mulgated in rules. 

§28-112.7.1 Fees for the testing, approval, inspection 

and use of power-operated cranes, derricks and 

cableways. The owner of any crane or derrick shall renew 

the certificate of operation each year. See Table 

28-112.7.14 

§28-112.7.2 Periodic inspection fees. See Table 

28-112.7.24 

§28-112.7.3 Other inspection fees. See Table 28- 112.7.34 

§28-112.8 Special fees. The department shall be entitled to 
charge the following special fees: 

§28-112.9 Lien on premises for unpaid fee or other charge. 
Any unpaid fee or charge for an inspection, reinspection, 
examination or service performed by the department or other 
unpaid amount owed to the department, and all permits issued 
by the department, pursuant to law shall constitute a lien upon 
the land and buildings upon or in respect to which such inspec- 
tion, reinspection, examination or service was performed or 
permit issued, as hereinafter provided. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 




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A-28 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



§28-112.9.1 Filing of fees. The department shall maintain a 
record of all unpaid fees and other charges. Such records 
shall be kept on a building by building basis and shall be 
accessible to the public during business hours. An entry of 
an unpaid amount on the records of the department shall 
constitute notice to all parties. 

§28-112.9.2 Lien. All such unpaid amounts shall constitute 
a lien upon the land and building upon, or in respect to 
which, such inspection, reinspection, examination or ser- 
vice was performed or permit issued when the amount 
thereof shall have been definitely computed as a statement 
of account by the department and the department shall file 
such statement with the department of finance for entry in 
the records of such department against the premises. Such 
lien shall have a priority over all other liens and encum- 
brances except for the lien of taxes and assessments. How- 
ever, no lien created pursuant to this section 28-112.9 shall 
be enforced against a subsequent purchaser in good faith or 
mortgagee in good faith unless the requirements of section 
28-112.9.1 are satisfied. 

§28-112.9.3 Notice. A notice, stating the amount due and 
the nature of the charge, shall be mailed by the department 
of finance, to the last known address of the person whose 
name appears on the records in the office of the department 
of finance as being the owner or agent or as the person desig- 
nated by the owner to receive tax bills or, where no name 
appears, to the premises, addressed to either the owner or 
the agent. 

§28-112.9.4 Interest. If such charge is not paid within 30 
days from the date of entry, it shall be the duty of the depart- 
ment of finance to receive interest thereon at the rate of 15 
percent per annum, to be calculated to the date of payment 
from the date of entry. 

§28-112.9.5 Tax lien. Such charge and the interest thereon 
shall continue to be, until paid, a lien on the premises. Such 
lien shall be deemed a tax lien within the meaning of sec- 
tions 11-319 and 1 1-401 of the administrative code and may 
be sold, enforced or foreclosed in the manner provided in 
chapter three or four of title eleven of such code or may be 
satisfied in accordance with the provisions of section thir- 
teen hundred fifty-four of the real property actions and pro- 
ceedings law. 

§28-112.9.6 Reference. The notice mailed by the depart- 
ment of finance pursuant to this section 28-1 12.9 shall have 
stamped or printed thereon a reference to this section 
28-112.9. 

§28-112.9.7 Validity not subject to challenge in enforce- 
ment proceeding. In any proceedings to enforce or dis- 
charge a lien created pursuant to this section 28-112.9 the 
validity of the lien shall not be subject to challenge based on: 

1 . The lawfulness of the inspection, reinspection, exam- 
ination, service or permit; or 

2. The propriety and accuracy of the fee for which a lien 
is claimed, except as provided in this section 
28-112.9. 

§28-112.9.8 Standing to challenge. No such challenge 
may be made except by (i) the owner of the property, or (ii) a 



mortgagee or lienor whose mortgage or lien would, but for 
the provisions of this section 28-112.9, have priority over 
the department's lien. 



ARTICLE 113 
MATERIALS 

§28-113.1 General. Materials shall be used, tested and 
approved for use in accordance with the specific provisions of 
this code and department rules, except that the commissioner 
shall have the power to limit or prohibit the use of any material 
to protect public safety. Materials shall be identified or 
described on construction documents and other submittal doc- 
uments. 

§28-113.2 Use of materials. Except as set forth in sections 
28-113.2.1 through 113.2.6 materials specifically prescribed 
by this code or department rules may be used as prescribed 
without the prior approval of the commissioner. 

§28-113.2.1 Approved material. Whenever this code or 
the rules of the department requires the use of an approved 
material, such material shall not be used without the prior 
approval of the commissioner for such use and may be used 
only to the extent set forth in such approval. 

§28-113.2.2 Alternative materials. Except as otherwise 
specifically limited by this code, the provisions of this code 
are not intended to prevent the installation of any material or 
to prohibit any alternative engineered design or method of 
construction not specifically prescribed by this code, pro- 
vided that the use of such alternative material has been pre- 
viously approved by the commissioner and may be used 
only to the extent set forth in such approval. The use of an 
alternative material, design, method of construction or 
equipment shall be approved where the commissioner finds 
that the proposed design is satisfactory and complies with 
the intent of the provisions of this code, and that the mate- 
rial, method or work offered is, for the purpose intended, at 
least the equivalent of that prescribed in this code in quality, 
strength, effectiveness, fire resistance, durability and safety. 

§28-113.2.3 Listed or labeled. Whenever this code or the 
rules of the department requires that material used be listed 
or labeled to a standard, material that is so listed or labeled 
may be used in accordance with such list or label without the 
prior approval of the commissioner. However, the commis- 
sioner reserves the right to require that information be sub- 
mitted with regard to the testing and evaluation of any 
material so listed or labeled including but not limited to 
inspection certificates, test or evaluation reports, analysis, 
computations or other information used to determine that 
the material so listed or labeled complies with the applicable 
standard. 

§28-113.2.4 Material not listed or labeled. Whenever this 
code or the rules of the department requires that material be 
listed or labeled to a standard and material proposed to be 
used is not so listed or labeled, the use of such material shall 
be subject to prior approval by the commissioner and such 
material shall be used only to the extent set forth in such 
approval. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-29 



ADMINISTRATION 



§28-113.2.5 Reuse. The use of used material that meets the 
requirements of this code for new material is permitted 
unless otherwise provided in this code. Used equipment and 
devices shall not be reused without the prior approval of the 
commissioner and may be used only to the extent set forth in 
such approval. 

§28-113.2.6 Previously issued approvals. Materials that 
were previously approved by the board of standards and 
appeals or by the department before the effective date of this 
code may continue to be used, but only to the extent set forth 
in such approval, and only if such approval is not specifi- 
cally amended or repealed by the commissioner. 

§28-113.3 Approval procedure. Approval of materials shall 
be in accordance with the rules of the department. The cost off- 
sets, reports and investigations required under these provisions 
shall be paid by the applicant. 

§28-113.3.1 Performance. Specific information consisting 
of test reports conducted by an approved testing agency in 
accordance with standards referenced in the construction 
codes or other such information as necessary, shall be pro- 
vided for the commissioner to determine whether the mate- 
rial will perform for the use intended. 

§28-113.3,2 Research and investigation. Sufficient tech- 
nical data shall be submitted to the commissioner to sub- 
stantiate the proposed use of any material. If it is determined 
that the evidence submitted is satisfactory proof of perfor- 
mance for the use intended, the commissioner shall approve 
the use of the material subject to the requirements of this 
code. 

§28-113.3.3 Retesting of materials. All materials tested 
and accepted for use shall be subject to periodic retesting as 
determined by the commissioner; and any material that 
upon retesting is found not to comply with the code require- 
ments or the requirements set forth in the approval of such 
material shall cease to be acceptable for the use intended. 
During the period for such retesting, the commissioner may 
require the use of such material to be restricted or discontin- 
ued if necessary to secure safety. 

§28-113.3.4 New materials. New materials not provided 
for in this code, and any material of questioned suitability 
proposed for use in the construction of a building or struc- 
ture, shall be subjected to the tests prescribed in this code or 
in the rules of the department to determine character, quality 
and limitations of use. 

§28-113.3.5 Research reports. Supporting data, where 
necessary to assist in the approval of materials not specifi- 
cally provided for in this code, shall consist of valid research 
reports from approved sources. 

§28-113.3.6 Conflicting test results. Whenever there is 
evidence of conflicting results in the test of any material, the 
commissioner shall determine the acceptability of the mate- 
rial and/or the acceptable rating for such material 

§28-113.3.7 Amendment and repeal. The commissioner 
shall have the power to amend or repeal the approval of any 
material, including materials previously approved by the 
board of standards and appeals. 



§28-113.3.8 Maintenance of records of approved mate- 
rial. For any material that has been approved, a record of 
such approval, including the conditions and limitations of 
the approval, shall be kept on file in the department and shall 
be open to public inspection at appropriate times. 

§28-113.3.9 List of approved testing agencies and 
approved materials. A current list of all approved testing 
agencies and a current list of all materials specifically 
approved by the commissioner or previously approved by 
the board of standards and appeals shall be maintained by 
the department and published in written form. 

§28-113.4 Labeling. Materials required to be labeled shall be 
labeled in accordance with the procedures set forth in this code 
or the recognized referenced standards. 

§28-113.4.1 Testing. An approved agency shall test a repre- 
sentative sample of the material being labeled to the relevant 
standard or standards. The approved agency shall maintain a 
record of the tests performed. The record shall provide suffi- 
cient detail to verify compliance with the test standard. 

§28-113.4.2 Inspection and identification. The approved 
agency shall at regular intervals perform an inspection, 
which shall be in-plant if necessary, of the material that is to 
be labeled. The inspection shall verify that the labeled mate- 
rial is representative of the material tested. 

§28-113.4.3 Label information. The label shall contain the 
manufacturer's or distributor's identification, model num- 
ber, serial number or definitive information describing the 
material's performance characteristics and the approved 
agency's identification. 

§28-113.4.4 Shipment and delivery certification of mate- 
rials listed, labeled or approved. In the case of the ship- 
ment or delivery of material listed or labeled to a standard, 
such material shall be appropriately labeled or accompanied 
by the inspection certificate of an approved agency that the 
material is the same as that which was tested and evaluated 
by such agency. In the case of the shipment or delivery of 
material previously approved by the commissioner, the 
material shall be identified by a tag or certificate indicating 
that the material is the same that was approved for its 
intended use by the commissioner or, if applicable, previ- 
ously approved by the board of standards and appeals, and 
containing the applicable approval number or calendar 
number under which the material received such approval. 



ARTICLE 114 
APPROVED AGENCIES 

§28-114.1 General. Approved agencies shall satisfy the provi- 
sions of this article and the rules of the department as to qualifi- 
cations and operations. The commissioner may revoke or 
suspend the commissioner's approval of or otherwise sanction 
an approved agency for cause. 

§28-114.1,1 Independent. An approved agency shall per- 
form its authorized duties objectively and competently. The 
agency shall disclose possible conflicts of interest so that 
objectivity can be confirmed. 



A-30 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



§28-114.1.2 Testing equipment. An approved agency shall 
have adequate testing equipment to perform required tests. 
The equipment shall be periodically calibrated. 

§28-114.1.3 Personnel. An approved agency shall employ 
experienced personnel qualified to conduct, supervise and 
evaluate the tests or inspections that it undertakes. Special 
inspections may be performed only by employees of such 
agency who are special inspectors qualified pursuant to 
department rules to perform or witness the particular test or 
inspection. The commissioner may require proof of the 
qualifications of employees. 

§28-114.1.4 Background. The commissioner may require 
an approved agency to submit to an investigation of its back- 
ground and of the background of its principals as a condition 
of approval. 

§28-114.1.5 Insurance. An approved agency shall main- 
tain liability insurance as required by department rules. 

§28-114.2 Written evaluation by approved agency. An 

agency's evaluation of material or report of an inspection shall 
be in writing after satisfactory completion of the required 
inspection or test. 

§28-114.3 Records. The approved agency shall maintain 
records of inspection and test reports for at least six years or for 
such period as the commissioner shall determine and shall 
make such records available to the department upon request. 

§28-114.4 Re-authorization of approved agencies. An 

approved agency shall have its approval re-authorized in accor- 
dance with rules of the department. 



ARTICLE 115 
SPECIAL INSPECTORS 

§28-115.1 General. Special inspectors shall satisfy the provi- 
sions of this article and the rules of the department as to qualifi- 
cations in order to perform special inspections required by 
chapter 17 of the New York city building code or elsewhere in 
this code. 

§28-115.2 Disqualification. The commissioner may disqual- 
ify a special inspector from performing special inspections 
pursuant to this code for cause. The special inspector shall be 
given prior notice of the proposed disqualification and the 
opportunity to contest such action. A list of special inspectors 
who have been disqualified from performing special inspection 
shall be maintained and made available to the public upon 
request. 

§28-115.3 Records. A special inspector shall maintain records 
of special inspections on a building by building basis for at least 
6 years or for such period as the commissioner shall determine 
and shall make such records available to the department upon 
request. 

ARTICLE 116 
INSPECTIONS AND SIGN-OFF OF COMPLETED 

WORK 
§28-116.1 General. Construction or work for which a permit is 
required shall be subject to inspection in accordance with this 



code and such construction or work shall remain accessible and 
exposed for inspection purposes until the required inspection is 
completed. A satisfactory inspection by the department or the 
acceptance by the department of a satisfactory report of an 
inspection by an approved agency or special inspector shall not 
be construed to be an approval by the department of a violation 
of the provisions of this code or of any other provision of law. It 
shall be the duty of the permit holder to cause the work to 
remain accessible and exposed for inspection purposes. The 
permit holder shall be liable for any expense entailed in the 
removal or replacement of any material required to allow 
inspection. The inspector shall supply a report of the results of 
each inspection. 

§28-116.2 Types of inspections. The inspections set forth in 
sections 28-116.2.1 through 28-1 16.2.4 are required or autho- 
rized by this code. 

§28-116.2.1 Preliminary inspection. Before approving 
construction documents, the commissioner is authorized to 
examine or cause to be examined structures or premises for 
which an application has been filed. 

§28-116.2.2 Compliance inspections. In addition to the 
inspections specified in this code, the commissioner is 
authorized to make or require other inspections of any con- 
struction work to ascertain compliance with the provisions 
of this code and other laws that are enforced by the depart- 
ment. 

§28-116.2.3 Special inspections and other inspections 
required during the progress of work. After the issuance 
of a work permit, special inspections and other inspections 
required by this code to be made during the progress of the 
work shall be made at such times or at such stages of the 
work and in such manner as shall be provided by this code or 
as otherwise required by the commissioner. The permit 
application shall set forth an inspection program for the job. 
Such inspections may be made by approved agencies or by 
the department as provided in this code or in the rules of the 
department. Special inspections shall be performed only by 
individuals who are special inspectors. The permit holder 
shall notify the relevant special inspectors in writing at least 
72 hours prior to the commencement of any work requiring 
special inspection. The commissioner may accept inspec- 
tion and test reports from approved agencies and special 
inspectors and the work may, unless otherwise specifically 
provided by code provisions or directed by the commis- 
sioner, proceed without any verifying inspection or test by 
the department. The names and business addresses of spe- 
cial inspectors and approved agencies shall be set forth in 
the work permit application. All inspection reports shall be 
in writing and signed by the person or entity performing the 
inspection. A record of all inspections shall be kept by the 
person performing the inspection. The commissioner may 
require inspection reports to be filed with the department. 
Records of inspections made by approved agencies and spe- 
cial inspectors shall be maintained by such persons for a 
period of six years after sign-off of the job or for such other 
period of time as the commissioner may require and shall be 
made available to the department upon request. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-31 



ADMINISTRATION 



§28-116.2.3.1 Special inspection of fabricated items. 

Where fabrication of regulated products is performed on 
the premises of a fabricator's shop, special inspection of 
the fabricated items is required. The special inspector 
shall verify that the fabricator maintains detailed fabrica- 
tion and quality control procedures that provide a basis 
for inspection control of the workmanship and the fabri- 
cator's ability to conform to approved construction docu- 
ments and referenced standards. The special inspector 
shall review the procedures for completeness and ade- 
quacy relative to the code requirements for the fabrica- 
tor's scope of work. 

Exception: Special inspections shall not be required 
where the fabricator is approved by the commissioner 
in accordance with section 28-116.7. 

§28-116.2.4 Final inspection. There shall be a final inspec- 
tion of all permitted work. Final inspections shall comply 
with sections 28-116.2.4.1 through 28-116.2.4.2. 

§28-116.2.4.1 Final inspection prior to certificate of 
occupancy. In all cases where the permitted work 
requires the issuance of a new or amended certificate of 
occupancy, the final inspection shall be performed by the 
department in the presence of the permit holder, the reg- 
istered design professional of record or the superinten- 
dent of construction. Such inspection shall be performed 
after all work authorized by the building permit is com- 
pleted and before the issuance of the certificate of occu- 
pancy. All failures to comply with the provisions of this 
code or approved construction documents shall be noted 
and the owner promptly notified thereof in writing. All 
defects noted in such inspection shall be corrected. 
Reports of such final inspections shall be maintained by 
the department. The final inspection report shall confirm 
that defects noted have been corrected, that the work is in 
substantial compliance with the approved construction 
documents and with this code and with other applicable 
laws and rules and that all required inspections were per- 
formed. 

§28-116.2.4.2 Final inspection prior to letter of com- 
pletion. In all cases where the permitted work does not 
require the issuance of a certificate of occupancy, the 
final inspection shall be performed by the department or 
at the option of the owner by an approved agency. When- 
ever the department performs a final inspection, the 
department shall charge a fee for such inspection. The 
applicant shall take all reasonable and necessary steps to 
insure that the final inspection is performed within one 
year after the expiration of the last permit. The inspection 
shall be performed after all work authorized by the build- 
ing permit is completed. The person performing the 
inspection shall note all failures to comply with the pro- 
visions of this code or approved construction documents 
and shall promptly notify the owner in writing. All 
defects noted in such inspection shall be corrected. The 
final inspection report shall confirm that defects noted 
have been corrected, that the work is in substantial com- 
pliance with the approved construction documents and 
with this code and other applicable laws and rules and 



that all required inspections were performed. Final 
inspection reports shall be filed with and maintained by 
the department. Records of final inspections made by 
approved agencies shall be maintained by such persons 
for a period of six years after sign-off or for such other 
period as the commissioner shall require and shall be 
made available to the department upon request. 

§28-116.3 Inspection requests. It shall be the duty of the per- 
mit holder to notify the department or the person designated to 
perform the inspection when work requiring inspection is 
ready to be inspected. It shall be the duty of the permit holder to 
provide access to and means for inspection of such work for 
any inspections that are required by this code. 

§28-116.4 Sign-off of completed work. Upon submission of a 
satisfactory report of final inspection and all required submittal 
documents, the department shall document the sign-off of the 
project and issue a letter of completion, or, if applicable, a cer- 
tificate of occupancy for the work. The owner shall take all rea- 
sonable and necessary steps for the issuance by the department 
of a letter of completion or certificate of occupancy within 1 
year following the expiration of the last permit. 

§28-116.4.1 Issuance of certificate of compliance. The 
following types of service equipment shall not be operated 
until the department issues a certificate of compliance after 
submission of a satisfactory report of inspection and testing 
of such equipment in accordance with this code and all 
required submittal documents: 

1. Air-conditioning and ventilation systems. 

2. Elevators, escalators, moving walkways and dumb- 
waiters. 

3. Fuel burning and fuel-oil storage equipment. 

4. Refrigeration systems. 

5. Heating systems. 

6. Boilers. 

Exception: A certificate of compliance shall not be 
required in connection with work specifically exempted 
from permit requirements in accordance with this code 
or department rules. 

§28-116.5 Payment of outstanding penalties. The depart- 
ment may refuse to issue a letter of completion or certificate of 
occupancy pending payment of all outstanding fines or civil 
penalties imposed for violations of this code, the 1 968 building 
code or other laws enforced by the department at the same 
building. 

§28-116.6 List of approved inspection agencies. A current 
list of all approved inspection agencies shall be maintained by 
the department and published in written form. 

§28-116.7 Fabricator approval Approval of fabricators by 
the department shall be based upon review of the fabricator's 
written procedural and quality control manuals and periodic 
auditing of fabrication practices by an approved agency. 

§28-116.7.1 Fabricator's certificate of compliance. For 

all fabricated items, the approved fabricator shall submit a 
certificate of compliance to the department stating that the 
work was performed in accordance with the approved con- 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



struction documents, referenced standards and applicable 
provisions of law. 



ARTICLE 117 
PLACES OF ASSEMBLY 

§28-117.1 Place of assembly certificate of operation. It shall 
be unlawful to use or occupy any building or space as a place of 
assembly without a certificate of operation issued by the com- 
missioner. An application for a certificate of operation shall be 
made to the department in such form and containing such infor- 
mation as the commissioner shall provide. The department 
shall inspect every place of assembly space prior to the issu- 
ance of a certificate of operation. The commissioner shall not 
issue a certificate of operation unless the department deter- 
mines that the space conforms substantially to the approved 
construction documents and to the provisions of this code and 
that the certificate of occupancy authorizes such use. A certifi- 
cate of operation shall not be issued to a place of assembly pro- 
viding seating or other moveable furnishings unless the 
commissioner approves a plan conforming to this code and the 
rules of the department. Seating and other moveable furnish- 
ings shall be maintained at all times during occupancy in accor- 
dance with the approved plan. Any amendment of such plan 
shall be subject to the prior approval of the commissioner. 

§28-117.1.1 Contents of certificate of operation. The cer- 
tificate of operation shall contain the place of assembly cer- 
tificate number, the number of persons who may legally 
occupy the space and any other information that the com- 
missioner may determine. Such certificate of operation 
shall be framed and mounted in a location that is conspicu- 
ously visible to a person entering the space. For the purposes 
of this article a place of assembly permit issued prior to the 
effective date of this code shall be valid until its expiration. 
Prior to the expiration of the term of such place of assembly 
permit, the party responsible for renewal shall apply to the 
department for a certificate of operation in accordance with 
this article, except that the issuance of such certificate shall 
be subject to the same inspection requirement as a renewal 
of a certificate of operation pursuant to this code. 

§28-117.2 Temporary place of assembly certificate of oper- 
ation. At the commissioner's discretion, a temporary certifi- 
cate of operation may be issued for a place of assembly space 
upon request by the applicant in accordance with this code pro- 
vided that public safety is not jeopardized thereby. The appli- 
cant shall notify the fire department when a temporary place of 
assembly certificate of operation is issued. 

§28-117.3 Duration and renewal of certificate. A place of 
assembly certificate of operation shall be issued for a term of 1 
year and may be renewed annually upon payment of proper 
fees and proof of satisfactory inspection by the fire department. 

§28-117.4 Security guards. In the case of a certificate holdert 
that offers for sale food and/or beverages for on-premises con- 
sumption, but not including establishments operated by a 
not-for-profit corporation, and employs or uses the services of 
a security guard, as that term is defined in subdivision six of 
section eighty-nine of the general business law, such certificate 
holder $ shall comply with the provisions of article 7-A of the 



general business law, shall obtain proof that such security 
guard is registered pursuant to article 7-A of the general busi- 
ness law, shall maintain such proof in a readily available loca- 
tion, in accordance with rules promulgated by the 
commissioner during all hours in which such place of assembly 
is open to the public, shall maintain a roster of all security 
guards working at any given time when such place of assembly 
is open to the public, and shall require each security guard to 
maintain on his or her person proof of registration at all times 
when on the premises. 

§28-117.4.1 Presumption. For purposes of this section, 
there shall be a rebuttable presumption that a person 
employed or whose services are retained at a place of 
assembly is a security guard if his or her job functions 
include: 

1 . The monitoring or guarding of the entrance or exit of 
such place of assembly to manage ingress and egress 
to such place of assembly for security purposes dur- 
ing the hours of operation of such establishment; 
and/or 

2. Protection of such place of assembly from disorderly 
or other unlawful conduct by patrons of such place of 
assembly. 

§28-117.4.1.1 Presumption not applicable to owner. 

The rebuttable presumption in section 28-117.4.1 shall 
not apply to an individual who is an owner of the estab- 
lishment as described in section 28-117.4 that has 
received a place of assembly certificate of operation. 

§28-117.4.2 Responsibility for violations. Notwithstand- 
ing any provision of this section, only the holder of a certifi- 
cate of operation shall be liable for violations of this article 
that relate to such holder's obligations regarding security 
guards. 

§28-117.4.3 Enforcement. In addition to employees of the 
department, employees of the police department and the 
department of consumer affairs shall have the authority to 
enforce the provisions of this article regarding security 
guards. 

§28-117.4.4 State liquor authority reporting. The 

enforcement agency shall report any violation of the provi- 
sions of this section relating to security guards to the state 
liquor authority if the holder of the certificate of operation 
holds a license pursuant to the alcoholic beverage control 
law. 



ARTICLE 118 
CERTIFICATES OF OCCUPANCY 

§28-118.1 General provisions. No building or open lot shall 
be used or occupied without a certificate of occupancy issued 
by the commissioner. Issuance of a certificate of occupancy 
shall not be construed as an approval of a violation of the provi- 
sions of this code or of other applicable laws and rules. 

§28-118.2 New buildings or open lots. No building hereafter 
constructed or open lot shall be occupied or used, in whole or in 
part, unless and until a certificate of occupancy shall have been 
issued certifying that such building or open lot conforms sub- 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-33 



ADMINISTRATION 



stantially to the approved construction documents and the pro- 
visions of this code and other applicable laws and rules. 

§28-118.3 Completed buildings or open lots. The provisions 
of sections 28-118.3.1 through 28-118.3.4 shall apply to com- 
pleted buildings or open lots. 

§28-118.3.1 Change of occupancy or use. No building, 
open lot or portion thereof hereafter altered so as to change 
from one occupancy group to another, or from one zoning 
use group to another, either in whole or in part, shall be 
occupied or used unless and until the commissioner has 
issued a certificate of occupancy certifying that the alter- 
ation work for which the permit was issued has been com- 
pleted substantially in accordance with the approved 
construction documents and the provisions of this code and 
other applicable laws and rules for the new occupancy or 
use. 

§28-118.3.2 Changes inconsistent with existing certifi- 
cate of occupancy. No change shall be made to a building or 
open lot or portion thereof inconsistent with the last issued 
certificate of occupancy or, where applicable, inconsistent 
with the last issued certificate of completion for such build- 
ing or open lot or which would bring it under some special 
provision of this code or other applicable laws or rules, 
unless and until the commissioner has issued a new certifi- 
cate of occupancy. 

§28-118.3.3 Changes to exits. No building hereafter 
altered so as to cause a major alteration to existing exits shall 
be occupied or used unless and until the commissioner has 
issued a certificate of occupancy certifying that the alter- 
ation work for which the permit was issued has been com- 
pleted substantially in accordance with the approved 
construction documents and the provisions of this code and 
other applicable laws and rules. 

§28-118.3.4 Existing buildings or open lots without cer- 
tificates of occupancy. A building or open lot in existence 
prior to January 1 , 1938 and heretofore legally used or occu- 
pied without a certificate of occupancy or, if applicable, a 
certificate of completion, and subject to the provisions of 
section 28-102.4 (continuation of lawful existing use), may 
continue to be used or occupied without a certificate of 
occupancy or, if applicable, a certificate of completion, pur- 
suant to the requirements of section six hundred forty five of 
the New York city charter, this code and other applicable 
laws and rules provided there is no change in the existing 
use or occupancy classification of the building, open lot or 
portion thereof. 

§28-118.3.4.1 Application for certificate of occu- 
pancy. Upon application by the owner of such a building 
or open lot in existence prior to January 1, 1938,thecom- 
missioner shall issue a certificate of occupancy for such 
building, provided that at the time of issuing such certifi- 
cate, such existing building is in compliance with all ret- 
roactive requirements of the 1968 building code 
applicable to such building and no notices of violation or 
other notices or orders affecting the building as they 
relate to the provisions of this code or the 1968 building 
code are pending before the department, and provided 
further that it is established to the satisfaction of the com- 



missioner, after inspection and investigation, that the 
alleged use of the building has heretofore legally existed. 

§28-118.3.4.2 Partial certificates of occupancy. Partial 
certificates of occupancy may be issued pursuant to sec- 
tion 28-118.16. 

§28-118.4 Applications for certificates of occupancy. All 

applications for certificates of occupancy shall be submitted on 
forms furnished by the department. Applications for new 
buildings or additions to buildings shall be accompanied by an 
accurate and complete final lot survey made by a land surveyor 
showing such information as prescribed by the commissioner. 
The commissioner may waive the requirement of such survey 
in the case of small sheds, stands, temporary structures, signs, 
and similar small structures. 

§28-118.4.1 Applicant. The application for a certificate of 
occupancy shall be made by or on behalf of the owner of the 
building or open lot; and if made by a person other than the 
owner, the application shall be accompanied by a signed 
statement of the applicant stating that the applicant is autho- 
rized by the owner to make the application. The full names 
and addresses of the owner, and applicant, and of the princi- 
pal officers thereof, if a corporation, shall be stated in the 
application. 

§28-118.4.2 Statement of compliance. When a certificate 
of occupancy for a new or altered building is applied for, the 
application shall be accompanied by a signed statement of 
the registered design professional of record or the superin- 
tendent of construction, as applicable, stating that such per- 
son has examined the approved construction documents and 
specifications of the building for which the certificate of 
occupancy is sought, and that, to the best of his or her 
knowledge and belief, the building has been erected or 
altered in accordance with the approved construction docu- 
ments and specifications and, as erected or altered, complies 
with the provisions of this code and all other applicable laws 
and rules, except insofar as variations or variances there- 
from have been legally permitted or authorized, specifying 
such variations or variances in such required statement. 

§28-118.5 Review of applications for certificates of occu- 
pancy. All applications for certificates of occupancy and 
accompanying submittal documents shall be examined 
promptly after their submission. If the building is entitled to the 
certificate of occupancy applied for, the application shall be 
approved and the certificate of occupancy issued by the com- 
missioner within 10 calendar days after submission of a com- 
plete application. Otherwise, the application shall be rejected 
and written notice of rejection, stating the grounds of rejection, 
shall be given to the applicant within 10 calendar days of the 
submission of the application. Wherever an application has 
been rejected and proof is thereafter submitted establishing 
that the grounds of rejection have been met and that the build- 
ing is entitled to the certificate of occupancy applied for, the 
application shall be approved and the certificate of occupancy 
issued within 10 calendar days after submission of such proof. 

§28-118.6 Issuance of certificate of occupancy. After the 
commissioner inspects the building or open lot and determines 
that the building or open lot conforms substantially to the 
approved construction documents and to the provisions of this 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



code and other applicable laws and rules, the commissioner 
shall issue a certificate of occupancy that shall contain infor- 
mation including, but not limited to: 

1 . The building permit number. 

2. The address of the structure. 

3 . Block and lot numbers pertaining to the zoning lot as of 
the date of issuance, as defined in section 12-10 of the 
New York city zoning resolution. 

4. The description of the structure for which the certifi- 
cate is issued. 

5. A statement that the described portion of the structure 
has been inspected for compliance with the require- 
ments of this code. 

6. The name and signature of the commissioner. 

7. The code under which the permit was issued. 

8. The use and occupancy, in accordance with this code 
and the zoning resolution. 

9. The type of construction as defined in this code. 

10. The design occupant load of floors and spaces. 

1 1. Types of major fire suppression or alarm systems. 

12. Any special stipulations and conditions of the building 
permit. 

13. The maximum permissible live loads on the several 
floors of the building. 

14. The number of parking spaces. 

§28-118.7 Pavement plan. No certificate of occupancy shall 
be issued for any building or open lot requiring a pavement plan 
pursuant to article 108 unless and until an inspection has been 
made to show that all work necessary for compliance with the 
pavement plan has been completed. 

§28-118.7.1 Certification. No certificate of occupancy 
shall be issued for any building or open lot requiring a certif- 
ication pursuant to article 108 unless and until the applicant, 
after completion of construction work, inspects the side- 
walk and certifies that the sidewalk is free from defects. 

Exception: The commissioner may issue a certificate of 
occupancy if in lieu of such certification the owner fur- 
nishes to the department prior to the issuance of the cer- 
tificate of occupancy security satisfactory to the 
department that the sidewalk will be installed and paved 
or repaired within the time specified by the department. 

§28-118.8 Sanitary/storm water drainage. No certificate of 
occupancy shall be issued until the department confirms by 
inspection that all work relating to the installation of the part of 
the sanitary /storm water drainage system which lies outside of 
such property, if and as required by section 24-526 of the 
administrative code, has been satisfactorily completed. 

§28-118.9 Fire protection plan. No certificate of occupancy 
shall be issued until a fire protection plan, if required pursuant 
to article 109, has been filed and accepted. 

§28-118.10 Electrical work. No certificate of occupancy shall 
be issued unless compliance with the New York city electrical 
code is certified by the commissioner. 



§28-118.11 Certificates of compliance. No certificate of 
occupancy shall be issued until certificates of compliance are 
issued for the following types of service equipment: 

1. Air conditioning and ventilation systems. 

2. Elevators, escalators, moving walkways and dumbwait- 
ers. 

3. Fuel burning and fuel oil storage equipment. 

4. Refrigeration systems. 

5. Heating systems. 

6. Boilers. 

§28-118.12 Place of assembly certificate of operation. The 

issuance of a certificate of occupancy shall not authorize the 
use of any space as a place of assembly unless and until the 
commissioner thereafter issues a place of assembly certificate 
of operation. 

§28-118.13 Certificates of occupancy for air-inflated struc- 
tures, air-supported structures, and tents. Certificates of 
occupancy for air-inflated structures, air-supported structures, 
and tents shall be issued for a period not exceeding one year. 
Such certificates may be renewed for one-year periods upon 
demonstration that the structure complies with all laws and 
rules in effect at the time of the request for renewal. 

§28-118.14 Payment of outstanding penalties. The depart- 
ment may refuse to issue a certificate of occupancy for a build- 
ing pending payment of all outstanding fines or civil penalties 
imposed for violations of this code, the 1968 building code or 
other laws enforced by the department at the same building. 

§28-118.15 Temporary certificates of occupancy. Upon 
application, the commissioner is authorized to issue a tempo- 
rary certificate of occupancy before the completion of the 
entire work covered by the permit, provided that the subject 
portion or portions of the building may be occupied and main- 
tained in a manner that will not endanger public safety, health, 
or welfare. The commissioner shall set a time period during 
which the temporary certificate of occupancy is valid. 

§28-118.16 Amended certificate of occupancy. Where a 

building exceeds three stories in height and the change does not 
exceed 20 percent of the total floor area, an amendment to the 
existing certificate of occupancy for such new use shall be 
issued by the commissioner certifying that the proposed new 
occupancy and use conforms to the provisions of the laws gov- 
erning building construction and that the proposed use will not 
be in conflict with any provisions of the labor law, multiple 
dwelling law or the zoning resolution. 

§28-118.16.1 Partial certificate of occupancy. A partial 
certificate of occupancy may be issued to a specific floor or 
floors of an existing building erected prior to January 1, 
1938 subject to the following conditions: 

1. The building does not have and is not otherwise 
required to have a certificate of occupancy or certifi- 
cate of completion, if applicable. 

2. The floor or floors for which a certificate of occu- 
pancy is issued shall not constitute more than 50 per- 
cent of the gross floor area of the building. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



3. The building is of noncombustible construction and 
protected with an automatic sprinkler system. 

4. Adequate means of egress are provided from all 
floors. 

5. Upon inspection, the building is deemed safe for 
occupancy. 

§28-118.17 Revocation of certificates of occupancy. The 

commissioner is authorized to request, in writing, pursuant to 
section six hundred forty five of the New York city charter that 
the board of standards and appeals or a court of competent 
jurisdiction revoke, vacate, or modify a certificate of occu- 
pancy issued under the provisions of this code whenever the 
certificate is issued in error, or on the basis of incorrect infor- 
mation provided to the department. 

§28-118.18 Record of certificates. A record of all certificates 
of occupancy shall be kept by the department; and copies 
thereof shall be furnished by the department upon request, and 
on the payment of the fee prescribed in article 112 of this chap- 
ter. The certificate of occupancy or a copy thereof shall be 
available for inspection at the building at all reasonable times. 

§28-118.19 Posting of certificates of occupancy. The owner 
shall post a copy of the building's certificate of occupancy in 
accordance with this section 28-1 18.19, except buildings occu- 
pied entirely by group R3. Buildings that are not required to 
have a certificate of occupancy shall be posted by the owner 
with a sign or placard in a form prescribed by the commis- 
sioner. The certificate of occupancy or sign, as applicable, shall 
be permanently affixed to the structure in a conspicuous loca- 
tion in a public hall, corridor, management office of the build- 
ing or as otherwise prescribed by the commissioner. 

§28-118.19.1 Replacement of posted certificates of occu- 
pancy and signs. All posted certificates of occupancy or 
signs, as applicable, shall not be removed or defaced and, if 
lost, removed or defaced, shall be immediately replaced. 
The commissioner may inspect or cause to be inspected 
periodically all buildings for compliance with the provi- 
sions of this code in regard to posting; and the inspection 
reports shall specify any violation thereof 



gas meter piping or gas distribution piping require the 
shut-off of gas flow to a building, the utility company shall 
be notified by the owner or his or her authorized representa- 
tive. 

§28-119.2 Temporary connection. The commissioner shall 
have the authority to authorize the temporary connection of the 
building or system to the gas service utility. 

§28-119.3 Authority to disconnect utility service. The com- 
missioner may authorize disconnection of gas service to the 
building, structure or system regulated by this code and the 
codes referenced in case of emergency where necessary to 
eliminate an immediate hazard to life or property. The depart- 
ment shall notify the local gas utility company, and wherever 
possible the owner and occupant of the building, structure or 
service system of the decision to disconnect prior to taking 
such action. 



ARTICLE 119 
SERVICE UTILITIES 

§28-119.1 Connection of service utilities. It shall be unlawful 
for any utility company or utility corporation to supply gas to a 
building, place or premises in which new meters other than 
replacement are required until a certificate of approval of gas 
installation from the department is filed with such utility com- 
pany or utility corporation. When new gas service piping has 
been installed it shall be locked-off by the utility company or 
utility corporation either by locking the gas service line valve 
or by installing a locking device on the outside gas service line 
valve. The lock shall not be removed until the gas meter piping 
(other than utility owned) and gas distribution piping have been 
inspected and certified as required by the department of build- 
ings as being ready for service. 

§28-119.1.1 Gas shut-off for alterations to gas piping 

systems. When alterations, extensions or repairs to existing 



A-36 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 2 

ENFORCEMENT 



ARTICLE 201 
GENERAL 

§28-201.1 Unlawful acts. It shall be unlawful to erect, con- 
struct, alter, extend, repair, fail to maintain, move, remove, 
demolish, occupy, use or operate any building, structure, pre- 
mises, or equipment, or to conduct any subject matter regulated 
by this code or by the zoning resolution, or to cause same to be 
done, in conflict with or in violation of any of the provisions of 
this code, the zoning resolution, or the rules of the department 
or, with regard to existing buildings, any applicable provision 
of the 1968 building code or any other law or rule enforced by 
the department. It shall be unlawful to fail to comply with an 
order of the commissioner or to violate any order of the com- 
missioner issued pursuant to this code, the 1968 building code, 
the zoning resolution or any law or rule enforced by the depart- 
ment. 

§28-201.2 Classification of violations. The commissioner 
shall promulgate rules classifying all violations of this code, 
the zoning resolution or, with regard to existing buildings, the 
1968 building code or other laws or rules enforced by the 
department as immediately hazardous violations, major viola- 
tions or lesser violations unless the classification of such viola- 
tions is specifically directed by this code. Such classification 
shall be based on the effect of the violation on life, health, 
safety or the public interest or the necessity for economic disin- 
centive. 

§28-201.2.1 Specified immediately hazardous viola- 
tions. The commissioner shall classify the following viola- 
tions as immediately hazardous: 

1 . A violation of section 28-210. 1 in which a building 
legally approved for occupancy as a one-family or 
two-family dwelling (as set forth in the certificate of 
occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is ille- 
gally converted to or maintained as a dwelling for 
occupancy by four or more families; 

2. Any violation of section 28-21 1.1 false statement; 

3. Any violation of a stop work order or of a cease use 
order; 

4. Any violation of a vacate order or order to seal, 
secure and close, or closure order; 

5. Unlawful demolition; 

6. Falsely impersonating an employee or authorized 
representative of the department; 

7. Occupancy without a required certificate of occu- 
pancy; 

8. Intentional disobedience or violation of any provi- 
sion of a closure order; 

9. Submittal of a materially false or misleading profes- 
sional certification. 



10. A violation of section 28-212.1 1 . 

1 1. A violation of section 28-307.1. 

12. A violation by a licensed rigger or person perform- 
ing the functions and duties of a licensed rigger of 
the provisions of sections 28-404.1 or 28-401.9 of 
this code or such person's failure to ensure that 
workers have certificates of fitness required pursu- 
ant to this code or applicable rule or any person's 
violation of the provisions of section 3314.10 of the 
New York city building code. 

13. A violation of any provision of chapter 4 of this title 
for engaging in any business or occupation without 
a required license or other authorization. 

§28-201.2.2 Specified major violations. The commis- 
sioner shall classify the following violations as major viola- 
tions: 

1. A violation of section 28-210.1 or 28-210.2 other than 
a violation that is directed to be classified as immedi- 
ately hazardous. 

2. Failure to perform required facade, elevator and 
boiler inspections and to file required reports within 
the applicable time period. 

3. Failure to provide the notice required by section 
3314.1.1 of the New York city building code. 

§28-201.3 Methods of enforcement. The commissioner may 
use any of the methods set forth in this code to enforce compli- 
ance with this code, the 1968 building code, the zoning resolu- 
tion, other laws or rules enforced by the department and orders 
of the commissioner issued pursuant thereto including but not 
limited to: 

1 . Proceedings for the recovery of civil penalties for imme- 
diately hazardous, major and lesser violations before the 
environmental control board or other administrative tri- 
bunal. 

2. Civil judicial proceedings for the recovery of civil penal- 
ties or injunctive relief or both for immediately hazard- 
ous, major and lesser violations. 

3. Criminal judicial proceedings for the imposition of crim- 
inal fines or imprisonment or both for immediately haz- 
ardous, major and lesser violations. 

4. The issuance and enforcement of peremptory orders for 
immediately hazardous, major and lesser violations. 

5. The issuance of a commissioner' s request for correction 
of an unlawful use or condition or order to correct an 
unlawful use or condition. 

6. Other special remedies as set forth in this code, the zon- 
ing resolution or other law or rule. 

§28-201.3.1 Issuance. Officers and employees of the 
department and of other city agencies designated by the 



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ENFORCEMENT 



commissioner shall have the power to issue summonses, 
appearance tickets and notices of violation for violations of 
this code, the 1968 building code, the zoning resolution or 
other laws or rules enforced by the department, orders, and 
requests for corrective action. 

§28-201.4 Aggravating and mitigating factors. Civil penal- 
ties and criminal fines and imprisonment shall be imposed 
within the ranges set forth in this code or as otherwise specified 
in this code or other law, with due regard for mitigating and 
aggravating factors. 



ARTICLE 202 
CIVIL PENALTIES 

§28-202.1 Civil penalties. Except as otherwise specified in 
this code or other law, violations of this code, the 1968 building 
code, the zoning resolution or other laws or rules enforced by 
the department shall be punishable by civil penalties within the 
ranges set forth below: 

1 . For immediately hazardous violations, a civil penalty of 
not less than one thousand dollars nor more than 
twenty-five thousand dollars may be imposed for each 
violation. In addition to such civil penalty, a separate 
additional penalty may be imposed of not more than one 
thousand dollars for each day that the violation is not cor- 
rected. The commissioner may by rule establish speci- 
fied daily penalties within the limit set forth above for 
particular immediately hazardous violations. 

2. For major violations, a civil penalty of not more than ten 
thousand dollars may be imposed for each violation. In 
addition to such civil penalty, a separate additional pen- 
alty may be imposed of not more than two hundred fifty 
dollars for each month that the violation is not corrected. 
The commissioner may by rule establish specified 
monthly penalties within the limit set forth above for par- 
ticular major violations. 

3. For lesser violations, a civil penalty of not more than five 
hundred dollars may be imposed for each violation. 

§28-202.2 Continuing violations. Notwithstanding the 
assessment of daily penalties, each day that a violation contin- 
ues shall be a separate and distinct offense, 



ARTICLE 203 
CRIMINAL PENALTIES 

§28-203.1 Criminal fines and imprisonment. Except as oth- 
erwise specified in this code or other law, violations of this 
code, the 1968 building code, the zoning resolution or other 
laws or rules enforced by the department shall be punishable by 
criminal fines and imprisonment within the ranges set forth 
below: 

1. Every person convicted of violating a provision of this 
code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order 
of the commissioner issued pursuant thereto that is clas- 
sified by the commissioner or the code as an immediately 
hazardous violation shall be guilty of a misdemeanor 



punishable by a fine of not more than twenty-five thou- 
sand dollars or by imprisonment of not more than one 
year or by both such fine and imprisonment. 

2. Every person convicted of violating a provision of this 
code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order 
of the commissioner issued pursuant thereto that is clas- 
sified by the commissioner or the code as a major viola- 
tion shall be guilty of a violation punishable by a fine of 
not more than ten thousand dollars or imprisonment for 
not more than 15 days or both such fine and imprison- 
ment. 

3. Every person convicted of violating a provision of this 
code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued 
pursuant thereto that is classified by the commissioner or 
the code as a lesser violation shall be guilty of a violation 
punishable by a fine of not more than five hundred dol- 
lars. 

§28-203.2 Continuing violations. In the case of continuing 
violations each day's continuance shall be a separate and dis- 
tinct offense. 



ARTICLE 204 
ENVIRONMENTAL CONTROL BOARD 

§28-204.1 General. Any person who shall violate or fail to 
comply with any of the provisions of this code, the 1968 build- 
ing code, the zoning resolution or other laws or rules enforced 
by the department or with any order issued pursuant thereto 
shall be liable for a civil penalty that may be recovered in a pro- 
ceeding before the environmental control board. Such proceed- 
ing shall be commenced by the service of a notice of violation 
returnable before the board. Such notice of violation may be 
issued by employees of the department or of other city agencies 
designated by the commissioner and may be served by such 
employees or by a licensed process server. 

§28-204.2 Order to certify correction. Each such notice of 
violation shall contain an order of the commissioner directing 
the respondent to correct the condition constituting the viola- 
tion and to file a certification with the department that the con- 
dition has been corrected. Unless otherwise provided by rule, 
such order shall require that violations classified as major or 
lesser be corrected within 30 days from the date of the order 
and that violations classified as immediately hazardous be cor- 
rected forthwith. Such order shall also require that certification 
of the correction of the violation shall be filed with the depart- 
ment in a manner and form and within such additional period of 
time as shall be established by rule of the department. In any 
proceeding before the environmental control board, no civil 
penalty shall be imposed for a lesser violation if the respondent 
complies with the commissioner's order to correct and to cer- 
tify correction of the violation within the applicable time 
period. However, such violation may serve as a predicate for 
purposes of assessing aggravating factors attributable to multi- 
ple offenses. 

§28-204.3 Failure of proof. In any proceeding before the envi- 
ronmental control board, if the board finds that the commis- 



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sioner has failed to prove the violation charged, the order 
requiring the respondent to correct the condition constituting 
the violation shall be deemed dismissed. 

§28-204.4 Failure to certify the correction of a violation- 

Failure to comply with an order of the commissioner issued 
pursuant to section 28-204.2 to correct and to certify correction 
of a violation within the applicable time period shall be a viola- 
tion of this code for which penalties may be imposed in addi- 
tion to the penalties that may be or have been imposed for the 
violation referred to in such order. Upon application, for good 
cause, the commissioner may extend the time for filing the cer- 
tification of correction of a violation, but not for more than 30 
days for each extension. 

§28-204.5 False statements in certification of correction. 

For the purposes of this section 28-204.5, if the environmental 
control board finds that a certification of correction filed pursu- 
ant to section 28-204.2 contained material false statements 
relating to the correction of a violation, such certification of 
correction shall be null and void and the penalties set forth in 
this code for the violation may be imposed as if such false cer- 
tification had not been filed with and accepted by the depart- 
ment. It shall be an affirmative defense that the respondent 
neither knew nor should have known that such statements were 
false. 

§28-204.6 Tax lien. Enforcement of environmental control 
board judgments against owners for certain building code vio- 
lations. Notwithstanding any provision of law to the contrary, 
an environmental control board judgment against an owner for 
a building code violation with respect to a private dwelling, a 
wooden-framed single room occupancy multiple dwelling, or a 
dwelling with a legal occupancy of three or fewer dwelling 
units shall constitute a tax lien on the property named in the 
violation with respect to which such judgment was rendered, as 
hereinafter provided. Such liens shall be entered and enforced 
as provided in this section 28-204.6. 

§28-204.6.1 Record of unpaid judgments. There shall be 
filed in the office of the department a record of all such 
unpaid judgments. Such records shall be kept by tax lot and 
block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the 
department shall constitute notice to all parties. 

§28-204.6.2 Lien. All such unpaid judgments shall consti- 
tute a lien upon the property named in the violation with 
respect to which such judgment was rendered when the 
amount shall have been definitely computed as a statement 
of account by the department, and the department shall file 
such statement with the department of finance for entry 
against the property. Such lien shall have a priority over all 
other liens and encumbrances except for the lien of taxes 
and assessments. However, no lien created pursuant to this 
section 28-204.6 shall be enforced against a subsequent pur- 
chaser in good faith or mortgagee in good faith unless the 
requirements of section 28-204.6.1 are satisfied. 

§28-204.6.3 Notice. A notice, stating the amount due and 
the nature of the charge, shall be mailed by the department 
of finance to the last known address of the person whose 
name appears on the records of the department as being the 
owner or agent of the property or as the person designated 



by the owner to receive tax bills or, where no name appears, 
to the property, addressed to either the "owner" or the 
"agent." 

§28-204.6.4 Mailing. Such notice mailed by the department 
of finance pursuant to this section 28-204.6.4 shall have 
stamped or printed thereon a reference to section 204.6. 

§28-204.6.5 Failure to pay charge. If such charge is not 
paid within 30 days from the date of entry, it shall be the duty 
of the department of finance to receive interest thereon at the 
same rate as unpaid real property taxes, to be calculated to 
the date of payment from the date of entry. 

§28-204.6.6 Enforcement of lien. Such charge and the 
interest thereon shall continue to be, until paid, a lien on the 
property. Any remedy or procedure available for the 
enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosure of 
a tax lien, shall be available with respect to such tax lien. In 
addition, such tax lien may be satisfied in accordance with 
the provisions of section 1354 of the real property actions 
and proceedings law. 

§28-204.6.7 Validity of lien. In any proceeding to enforce 
or discharge a lien created pursuant to this section 28-204.6, 
the validity of the lien shall not be subject to challenge based 
on the lawfulness of the judgment, except as provided in this 
section 28-204.6. 

§28-204.6.8 Challenge. No such challenge may be made 
except by the owner of the property or a mortgagee or lienor 
whose mortgage or lien would, but for the provisions of this 
section 28-204.6, have priority over the department's lien. 

§28-204.6.9 Notice to mortgagees and lienors. Notwith- 
standing the foregoing provisions, no such judgment shall 
be entered and enforced as a tax lien against any property 
unless at the time of the issuance of the notice of violation a 
copy of such notice was also served on all mortgagees and 
lienors of record of such property by mail addressed to the 
recorded addresses of such mortgagees and lienors. 

§28-204.6.10 Non-exclusive remedy. The procedures pro- 
vided in this section 28-204.6 for the enforcement of envi- 
ronmental control board judgments against owners shall be 
in addition to any other methods provided under any other 
provision of law for the enforcement of such judgments. 



ARTICLE 205 
CIVIL JUDICIAL PROCEEDINGS 

§28-205.1 Civil judicial enforcement. The owner, lessee, per- 
son in charge, or occupant of any building, structure, premises, 
equipment or part thereof, where a violation of this code, the 
1968 building code, the zoning resolution or of other laws or 
rules enforced by the department or any order issued by the 
commissioner shall exist or the agent, architect, builder, con- 
tractor, engineer, or any other person who commits or assists in 
any such violation or who maintains any building, structure, 
premises, equipment or part thereof where any such violation 
shall exist shall be subject to an action or proceeding to restrain, 
correct or abate such violation, or to compel compliance with 
such order. Upon request of the commissioner, the corporation 



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counsel may institute judicial actions or proceedings seeking 
such relief. In addition to any other remedies, in any such 
action or proceeding the defendant or respondent shall be sub- 
ject to the payment of civil penalties as provided in this code. 

§28-205.1.1 Corporation counsel. Such actions and pro- 
ceedings may be instituted by the corporation counsel in the 
name of the city in any court of competent jurisdiction in the 
city and shall be given preference over pending causes 
therein. In such actions or proceedings, the city may apply 
for restraining orders, preliminary injunctions or other pro- 
visional remedies, with or without notice; and no undertak- 
ings shall be required as a condition to the granting or 
issuing of any such order, injunction or remedy, or by reason 
thereof. No court shall lose jurisdiction of any action or pro- 
ceeding hereunder by reason of a plea that the title to real 
estate is involved if the object of the action is to recover a 
penalty for the violation of any of the provisions of this 
code. 

§28-205.1.1.1 Naming the building as a defendant. 

The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall 
exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or 
interest in the building, structure, or premises. 

§28-205.1.1.2 In rem jurisdiction over the building. In 
rem jurisdiction over the building, structure, or premises 
where the violation shall exist shall be complete by affix- 
ing the summons to the door of the building, structure, or 
premises and by mailing the summons by certified or 
registered mail, return receipt requested, to one of the 
owners of some part of or interest in the building, struc- 
ture, or premises. Proof of service shall be filed within 
two days thereafter with the clerk of the court designated 
in the summons. Service shall be complete upon such fil- 
ing. 

§28-205.1.1.3 Service on other defendants. Defen- 
dants, other than the building, structure, or premises 
where the violation shall exist, shall be served with the 
summons as provided in the civil practice law and rules. 

§28-205.1.2 Presumptive evidence. In any action or pro- 
ceeding founded upon a claim by the commissioner that any 
law or rule enforceable by the department has been violated, 
or that a lawful order issued by such commissioner has not 
been complied with, the following presumptions shall 
apply: 

§28-205.1.2.1 Presumption of commissioner certifi- 
cate. A certificate in writing by the commissioner, or his 
or her authorized representative, shall be presumptive 
evidence of any matter stated therein. 

§28-205.1.2.2 Presumption of ownership. The person 
in whose name the real estate affected by the action is 
recorded in the office of the city register or the county 
clerk, as applicable, shall be presumed to be the owner 
thereof. 



§28-205.1.2.3 Presumption of employment or agency. 

Whenever there is evidence that a person was the man- 
ager, operator, or supervisor or, in any other way, in 
charge of the premises, at the time the violation occurred, 
such evidence shall be presumptive that he or she was an 
agent or employee of the owner or lessee of the building, 
structure, or premises. 

§28-205.1.3 Costs. In no case shall the department, or any 
officer or employee thereof, be liable for costs in any such 
action or proceeding; and officers and employees of the 
department, acting in good faith and without malice, shall 
be free from liability for acts done in any such action or pro- 
ceeding. 

§28-205.1.4 Lien. Any judgment rendered in any such 
action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceed- 
ing, if any, the lien to date from the time of filing a notice of 
pendency in the office of the clerk of the county in which the 
premises is located, and to have priority before any mort- 
gage or other lien existing prior to such filing, except tax and 
assessment liens. 

§28-205.1.5 Notice of pendency. The notice of pendency 
referred to in this section 28-205.1.5 may be filed at the 
commencement of judicial proceedings; provided the com- 
missioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code 
may be vacated and cancelled of record upon an order of a 
justice of the court in which such action or proceeding was 
instituted or is pending, or upon the consent in writing of the 
corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any 
such notice of pendency, and any record or docket thereof, 
as vacated and cancelled of record upon the presentation 
and filing of a certified copy of such order or consent. 



ARTICLE 206 
CRIMINAL JUDICIAL PROCEEDINGS 

§28-206.1 Criminal judicial enforcement. The owner, lessee, 
person in charge, or occupant of any building, structure, pre- 
mises, equipment or part thereof, where a violation of this 
code, the 1.968 building code, the zoning resolution or of other 
laws or rules enforced by the department or any order issued by 
the commissioner shall exist or the agent, architect, builder, 
contractor, engineer, or any other person who commits or 
knowingly assists in any such violation or who maintains any 
building, structure, premises, equipment or part thereof where 
any such violation shall exist shall be guilty of a criminal 
offense punishable by a fine or imprisonment or both a fine and 
imprisonment in accordance with this code. 

§28-206.1.1 Other penalties. The criminal penalties pro- 
vided by this code shall be in addition to or alternative to any 
civil sanctions authorized to be imposed for an unlawful use 
or condition cited in this code. 



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ARTICLE 207 
PEREMPTORY ORDERS 

§28-207.1 Contents and service. Peremptory orders issued by 
the commissioner shall contain a description of the building, 
structure, premises, equipment or subject matter affected, and 
shall be designated by address where applicable. Such orders 
may be served personally or by posting at the premises fol- 
lowed by regular mail, by any officer or employee of the 
department, or by any person authorized by the commissioner. 

§28-207.2 Stop work orders. Whenever the commissioner 
finds that any building work is being executed in violation of 
the provisions of this code, the 1968 building code, the zoning 
resolution or of any laws or rules enforced by the department, 
or in a dangerous or unsafe manner, the commissioner or his or 
her authorized representative may issue a stop work order. 

§28-207.2.1 Issuance. Upon issuance of a stop work order 
by the commissioner, all work shall immediately stop unless 
otherwise specified. Such order may require all persons to 
forthwith vacate the premises pursuant to the provisions of 
section 28-207.4 and may also require such work to be done 
as, in the opinion of the commissioner, may be necessary to 
remove any danger therefrom. The police department or 
other law enforcement agency or officer shall, upon the 
request of the commissioner, assist the department in the 
enforcement of this section 28-207.2. The stop work order 
may be given verbally or in writing to the owner, lessee or 
occupant of the property involved, or to the agent of any of 
them, or to the person or persons executing the work. A ver- 
bal order shall be followed promptly by a written order and 
shall include the reason for the issuance of the stop work 
order. 

§28-207.2.2 Unlawful continuance. No person shall with 
knowledge or notice of a stop work order allow, authorize, 
promote, continue or cause to be continued any work cov- 
ered by the stop work order, except such work that may be 
required by order of the commissioner. 

§28-207.2.3 Rescission. Upon application, the commis- 
sioner shall rescind the stop work order when the condition 
that gave rise to its issuance has been corrected and either all 
civil penalties or criminal fines assessed for any violation of 
such order have been paid or, where a violation is pending, 
security for the payment of such penalties or fines has been 
posted in accordance with department rules, or where the 
stop work order was issued in error or conditions are such 
that it should not have been issued. The commissioner may 
by rule require the payment of a fee in the amount of the 
expense of additional inspection and administrative 
expense related to such stop work order. 

§ 28-207.2.4 Mandatory stop work orders. The commis- 
sioner shall issue stop work orders in the circumstances set 
forth below. Upon issuance of such stop work order, the 
work shall immediately stop and shall not resume until the 
stop work order is rescinded by the department. The stop 
work order shall not be rescinded less than two business 
days after the date of issuance of such order. Nothing in the 
following sections shall be construed to limit the commis- 
sioner's power to issue stop work orders in other circum- 
stances. 



§ 28-207.2.4.1 Scaffold safety. A stop work order shall 
be issued if a permit holder or person directly in charge of 
any suspended scaffold supported by c-hooks or outrig- 
ger beams fails to notify the department prior to the 
installation or use of such equipment as required by sec- 
tion 3314.1.1 of the New York city Building code and 
either: 

1. The rigger does not hold a license required by this 
code, or 

2. The workers lack certificates of fitness as required 
by this code or applicable rule, or 

3. The rigger failed to file with the department satis- 
factory evidence of insurance required by this 
code. 

§28-207.3 Public nuisance. Whenever any building, structure, 
place or premises is or may be perilous to life or property by 
reason of the nature or condition of its contents, its use, the 
overcrowding of persons therein, defects in its construction, or 
deficiencies in fire alarm, fire extinguishing equipment or fire 
escape equipment, or by reason of any condition in violation of 
law or order of the commissioner, the commissioner may 
declare that the same, to the extent that the commissioner may 
specify, is a public nuisance and may order the same to be 
removed, sealed, abated, repaired, altered or otherwise 
improved. 

§28-207.3.1 Rescission. Upon application, the commis- 
sioner shall rescind such order when the condition that gave 
rise to its issuance has been corrected or where the declara- 
tion was issued in error or conditions are such that it should 
not have been issued. The commissioner may by rule 
require the payment of a fee in the amount of the expense of 
additional inspection and administrative expense related to 
such order. 

§28-207.4 Vacate order. In case any order to remedy a condi- 
tion that is or may be imminently perilous, dangerous or detri- 
mental to life, public safety or property, issued by the 
commissioner is not complied with, or the commissioner deter- 
mines that an emergency exists requiring such action, the com- 
missioner may order and immediately cause any building, 
structure, place or premises to be vacated. The vacate order 
may be given verbally or in writing to the owner, lessee or occu- 
pant of the property involved, or to the agent of any of them, or 
to the person or persons executing the work. A verbal order 
shall be followed promptly by a written order and shall include 
the reason for the issuance of the vacate order. 

§28-207.4.1 Basis for vacate. Conditions for which the 
commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a 
hazard to life, public safety, or property: 

1. Danger of structural failure; 

2. Danger of facade failure; 

3. Inadequate fire protection, detection, or suppression; 

4. Inadequate egress; or 

5. Improper storage of hazardous materials, combusti- 
ble or toxic. 



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§28-207.4.2 Enforcement of vacate order. All orders 
issued pursuant to this section 28-207.4 shall be posted 
upon the premises and made available to the public. Imme- 
diately upon the posting of an order upon the premises, offi- 
cers and employees of the police department, the 
department, and other authorized officers and employees of 
the city shall immediately act upon and enforce such order. 
The police department shall provide all reasonable assis- 
tance to the department and other authorized officers and 
employees necessary to carry out the provisions of this sec- 
tion 28-207.4. A copy of the vacate order shall be filed with 
the county clerk of the county in which the premises is 
located. Such filing shall be notice of the vacate order to any 
subsequent owner and such owner shall be subject to such 
order. 

§28-207.4.3 Rescission. Upon application, the commis- 
sioner shall rescind the vacate order when the condition that 
gave rise to its issuance has been corrected and either all 
civil penalties or criminal fines assessed for any violation of 
such order have been paid or, where a violation is pending, 
security for the payment of such penalties or fines has been 
posted in accordance with department rules, or where the 
vacate order was issued in error or conditions are such that it 
should not have been issued. The commissioner may by rule 
require the payment of a fee in the amount of the expense of 
additional inspection and administrative expense related to 
such vacate order. 

§28-207.5 Cease use orders for service equipment. When- 
ever the commissioner determines that the operation of any ser- 
vice equipment is or may be dangerous to life, health or safety, 
the commissioner may issue a cease use order requiring such 
equipment to be shut down or sealed or otherwise made inoper- 
able. Upon the issuance of such order a tag or notice shall be 
affixed to the device warning that the equipment is unsafe for 
operation. It shall be unlawful to operate such equipment or to 
remove or deface such tag unless and until the cease use order is 
rescinded by the commissioner. 

§28-207.5.1 Rescission of cease use order. Upon applica- 
tion, the commissioner shall rescind the cease use order 
when the condition that gave rise to its issuance has been 
corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, 
where a violation is pending, security for the payment of 
such penalties or fines has been posted in accordance with 
department rules or where the cease use order was issued in 
error or conditions are such that it should not have been 
issued. The commissioner may by rule require the payment 
of a fee in the amount of the expense of additional inspection 
and administrative expense related to such cease use order. 



ARTICLE 208 

COMMISSIONER'S REQUEST FOR 

CORRECTIVE ACTION 

§28-208.1 Commissioner's request for corrective action. As 

an alternative to the issuance of an order or notice of violation, 
the commissioner may issue a request for corrective action to 
any person responsible for any claimed unlawful use or condi- 
tion in any premises. Each request for corrective action shall 



have the commissioner's signature affixed thereto; but the 
commissioner may authorize any subordinate to affix such sig- 
nature, including an electronic signature. 

§28-208.1.1 Contents and delivery. The request for cor- 
rective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, 
shall be designated by address, where applicable, shall be 
sent by regular mail or upon consent by electronic means to 
the owner, lessee, person in charge, or occupant of the build- 
ing, structure, premises, equipment or to any person respon- 
sible for the unlawful use or condition at the last known 
address for such person. Requests for corrective action may 
be sent to a managing agent or other person specifically des- 
ignated by the owner to attend to such requests on behalf of 
the owner. Each such request shall describe the unlawful use 
or condition, call upon the person addressed to correct it and 
to inform the department of the action taken. A time for cor- 
rection or response shall be specified. A request for correc- 
tive action may be given orally, followed within a 
reasonable time by a writing as described in this section 
28-208.1.1. A request for corrective action shall provide 
notice that failure to respond to such a request may result in 
the imposition of a fee for any subsequent inspection that 
results in the issuance of a notice of violation for the condi- 
tion. 

§28-208.1.2 Public record. The department shall keep a 
record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request 
for corrective action shall be reflected as withdrawn upon 
submission to the department of a statement in a form pre- 
scribed by rule indicating that the use or condition has been 
corrected or did not exist or following an inspection by the 
department that confirms correction. A request for correc- 
tive action may be issued in response to a complaint or 
inspection. 

§28-208.1.3 Other remedies not precluded. Nothing in 
this article shall be construed to limit the power of the com- 
missioner to take any other action authorized by this code 
with respect to any unlawful use or condition including, but 
not limited to, the commencement of an action or proceed- 
ing in a court or before the environmental control board or 
other admini strative tribunal or the issuance of a peremptory 
order or to require that the commissioner issue a request for 
corrective action as a prerequisite to any other enforcement 
action. 



ARTICLE 209 

COMMISSIONER'S ORDER TO CORRECT 

UNLAWFUL USE OR CONDITION 

§28-209.1 General. The commissioner may issue an order to 
the persons responsible for any unlawful use or condition in 
any premises directing such person to correct the unlawful use 
or condition. Each such order shall have the commissioner's 
signature affixed thereto; but the commissioner may authorize 
any subordinate to affix such signature, including an electronic 
signature. 



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§28-209.2 Contents and service of order. All orders issued by 
the commissioner shall contain a description of the building, 
structure, premises, equipment or subject matter affected, and 
shall be designated by address where applicable. All such 
orders shall be served by regular mail or, upon consent, elec- 
tronically. Such orders may be served by any officer or 
employee of the department, or by any person authorized by 
the commissioner. An order may be given orally, followed 
within a reasonable time by a written order as described in this 
section 28-209.2. Failure to comply with a commissioner's 
order within the stated time period shall be a violation of this 
code punishable by civil penalties or criminal fines and impris- 
onment as set forth in this code. Proof of compliance with a 
commissioner's order shall consist of certification as pre- 
scribed by the rules of the department. 



ARTICLE 210 
ILLEGAL CONVERSIONS 

§28-210.1 Illegal residential conversions. It shall be unlaw- 
ful, except in accordance with all requirements of this code, to 
convert any dwelling for occupancy by more than the legally 
authorized number of families or to assist, take part in, main- 
tain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishment for 
such violation as set forth in this code the department or if 
applicable the environmental control board shall forward to the 
internal revenue service, the New York state department of tax- 
ation and finance and the New York city department of finance 
the name and address of the respondent or defendant, the 
address of the building or structure with respect to which the 
violation occurred and the time period during which the viola- 
tion was found to have existed. 

§28-210.2 Illegal industrial or manufacturing conversions. 

Except as otherwise provided by section 42-03 of the zoning 
resolution and the multiple dwelling law, it shall be unlawful, 
except in accordance with all requirements of this code, to con- 
vert to residential use any space legally authorized for occu- 
pancy for industrial or manufacturing use or to assist, take part 
in, maintain or permit the maintenance of such conversion. 
Upon the finding of such violation and the imposition of pun- 
ishment for such violation as set forth in this code the depart- 
ment, or, if applicable, the environmental control board shall 
forward to the internal revenue service, the New York state 
department of taxation and finance and the New York city 
department of finance the name and address of the respondent 
or defendant, the address of the building or structure with 
respect to which the violation occurred and the time period dur- 
ing which the violation was found to have existed. 



ARTICLE 211 
FALSE STATEMENTS 

§28-211.1 False statements in certificates, forms, written 
statements, applications, reports or certificates of correc- 
tion. It shall be unlawful for any person to make a material false 
statement in any certificate, professional certification, form, 
signed statement, application, report or certification of the cor- 
rection of a violation required under the provisions of this code 



or any rule of any agency promulgated thereunder that such 
person knew or should have known to be false. 

§28-211.1.1 Rebuttable presumption. In any proceeding 
that relates to a false statement in a certification of correc- 
tion of a violation filed in compliance with section 28-204.2 
if an inspection made within six months after the filing of 
the certification finds a condition constituting a violation 
that is the same as the condition described in the notice of 
violation with respect to which such certification was filed, 
there shall be a rebuttable presumption that the condition 
described in such notice of violation continued and is the 
same condition found in the inspection. 

§28-211.1.2 Additional penalty for false statements. In 

addition to any other penalty provided by law, the commis- 
sioner may refuse to accept an application or other docu- 
ment submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promul- 
gated thereunder that bears the signature of a person who 
has been found, after a hearing at the office of administrative 
trials and hearings pursuant to the department's rules, to 
have knowingly or negligently made a false statement or to 
have knowingly or negligently falsified or allowed to be fal- 
sified any certificate, form, signed statement, application, 
report or certification of the correction of a violation 
required under the provisions of this code or of a rule of any 
agency promulgated thereunder. 

§28-211.2 Falsely impersonating an officer. It shall be 
unlawful for any person to falsely represent himself or herself 
as an officer, inspector or employee of the department, or as 
acting under the authority of the department, or without author- 
ity to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee. 



ARTICLE 212 

ABATEMENT OF PUBLIC NUISANCE CAUSED BY 

CERTAIN ILLEGAL OCCUPANCIES 

§28-212.1 Abatement of public nuisances caused by illegal 
commercial or manufacturing occupancy in residence dis- 
tricts and certain other zoning districts. Any building or part 
thereof or vacant land that is located in a residence zoning dis- 
trict and that is occupied for a use not permitted in such district 
in violation of the zoning resolution, without a certificate of 
occupancy authorizing such use, is hereby declared to be a pub- 
lic nuisance. Any building or part thereof or vacant land that is 
located in a C-l or C-2 commercial zoning district and that is 
occupied for a commercial or manufacturing use indicated 
under use group 16, 17, or 18 as described in sections 32-25, 
42-14, and 42-15 of the zoning resolution, in violation of the 
zoning resolution, without a certificate of occupancy authoriz- 
ing such use is hereby declared to be a public nuisance. 

§28-212.2 Order of closure. If a building or part thereof or 
vacant land in which such a nuisance occurs is not occupied 
primarily as a residence, the commissioner may, in addition to 
or as an alternative to any other remedy under any other provi- 
sion of law, after notice and the opportunity for a hearing in 
accordance with this article, order the closing of such building 



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or part thereof or such vacant land to the extent necessary to 
abate the nuisance. 

§28-2123 Notice of hearing. A notice of hearing with respect 
to an order of closure shall be served on the owner and mort- 
gagee of record of such building or part thereof or such vacant 
land and on any person alleged to be occupying such building 
or part thereof or such vacant land at which the nuisance is 
located. 

§28-212.4 Service of notice of hearing. Service may be made 
on the owner by delivering such notice to the owner or to an 
agent of the owner or to a person of suitable age and discretion 
at the residence or place of business of the owner or, if upon 
reasonable application such delivery cannot be completed, by 
affixing such notice in a conspicuous place at the owner's place 
of business or residence or by placing it under the entrance door 
at either of such locations or by delivering such notice to a per- 
son employed by the owner to work at or to manage or maintain 
the premises at which the nuisance is located and, in all 
instances except personal delivery upon such owner by mailing 
the notice of hearing as follows: 

§28-212.4.1 Mailing to owner's registered address. To 

the person registered with the department of housing preser- 
vation and development as the owner or agent of the pre- 
mises, at the address filed with such department in 
compliance with article two of subchapter four of chapter 
two of title twenty-seven of the administrative code; 

§28-212.4.2 Mailing to billing address. To the person des- 
ignated as owner of the building or designated to receive real 
property tax or water bills for the building at the address for 
such person contained in one of the files compiled by the 
department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the 
file compiled by the department of finance from real prop- 
erty transfer forms filed with the city register upon the sale 
or transfer of real property; or 

§28-212.4.3 Mailing to recorded address. To the person in 
whose name the real estate affected by the order of the com- 
missioner is recorded in the office of the city register or the 
county clerk as the case may be at the address set forth on the 
recorded instrument. 

§28-212.4.4 Service on corporate owner. Service may be 
made on an owner that is a corporation pursuant to section 
306 of the business corporation law; however, service upon 
a corporation shall be deemed to have been completed 45 
days following service upon the secretary of state. 

§28-212.4.5 Service on mortgagees. Service may be made 
upon mortgagees of record by mailing such notice to the 
mortgagees at the address set forth on the recorded instru- 
ment. 

§28-212.4.6 Service on occupants. Service may be made 
upon an occupant by delivering such notice to the occupant 
or to a person employed by the occupant to work at or to 
manage or maintain the premises at which the nuisance is 
located; or by affixing such notice to the premises at which 
the nuisance is located in a conspicuous place or by placing 
a copy under the entrance door of such premises and mailing 
a copy of such notice to the occupant at such premises; and 



in all instances except personal delivery upon such occu- 
pant, by mailing the notice of hearing to the occupant at the 
premises at which the nuisance is located. 

§28-212.4.7 Proof of service. Proof of service pursuant to 
section 28-212.4.1 through 28-212.4.6 shall be filed with 
the commissioner. 

§28-212.5 Conduct of hearing by office of administrative 
trials and hearings. The hearing shall be conducted by the 
office of administrative trials and hearings. The administrative 
law judge assigned to hear the matter shall submit his or her 
proposed findings of fact and recommended decision to the 
commissioner. If based on such recommended decision, pro- 
posed findings of fact, and the record of the hearing the com- 
missioner determines that the building or part thereof or vacant 
land is a public nuisance, pursuant to this article, the commis- 
sioner may issue an order of closure. Such order shall not bar 
legally required ingress or egress for residential occupancy of 
parts of the building that are not subject to the order of closure. 

§28-212.6 Lack of knowledge not a defense. At such hearing 
it shall not be a defense that the owner, occupant, lessor, lessee, 
mortgagee, or other person having an interest in the property 
lacked knowledge of or did not acquiesce or participate in the 
creation or continuation of the public nuisance. 

§28-212.7 Closure not an act of possession. A closure 
ordered by the commissioner pursuant to this article shall not 
constitute an act of possession, ownership, or control by the 
city over the closed premises. 

§28-212.8 Posting of order of closure. An order of closure 
shall be posted at the building or part thereof or vacant land that 
is the subject of such order, and shall be mailed to the record 
owner of such premises, and any record mortgagee at the 
address for such person set forth in the recorded instrument, 
and to the person designated as owner or agent of the building 
or designated to receive real property tax or water bills for the 
building at the address for such person contained in one of the 
files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water 
charges or in the file compiled by the department of finance 
from real property transfer forms filed with the city register 
upon the sale or transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such 
premises are located. Such filing shall be notice of the order to 
any subsequent owner and such owner shall be subject to such 
order. 

§28-212.9 Enforcement of order of closure. On the tenth 
business day after the posting of such order and upon the writ- 
ten directive of the commissioner, police officers and autho- 
rized employees of the department shall act upon and enforce 
such order by sealing, padlocking, or otherwise preventing 
access to the premises in a manner that will not bar legally 
required ingress or egress for residential occupancy of parts of 
the building that are not subject to the closure order. 

§28-212.10 Rescission of order of closure. If at any time after 
the issuance of such order, the owner, mortgagee, or other per- 
son having an interest in the property provides assurance, in a 
form satisfactory to the commissioner, that the illegal commer- 
cial or manufacturing use of the premises has been discontin- 



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ENFORCEMENT 



ued and will not reoccur, or such owner, mortgagee, or other 
person establishes that the premises may be lawfully occupied 
for such use, the commissioner shall rescind the closure order. 
If such order is rescinded, the commissioner shall, upon 
request of such owner, mortgagee, or other person, provide a 
copy of such rescission, which may be filed with the county 
clerk or register of the county in which such premises are 
located. No such re-occupancy shall be permitted without a 
certificate of occupancy authorizing such use. 

§28-212.1 1 Violation of closure order. It shall be unlawful for 
any person to use or occupy or to permit any other person to use 
or occupy any building or part thereof or vacant land that has 
been sealed, padlocked, or otherwise closed pursuant to an 
order of the commissioner. It shall be unlawful to mutilate or 
remove a posted order of the commissioner. Intentional disobe- 
dience or violation of any provision of a closure order shall be 
punishable as an immediately hazardous violation. 



ARTICLE 213 

PENALTY FOR WORK WITHOUT A PERMIT 

§28-213.1 Department penalty for work without a permit. 

In addition to any penalties otherwise authorized by law pursu- 
ant to article 202 and the rules of the department, whenever any 
work for which a permit is required pursuant to this code has 
been performed without a permit, a penalty shall be imposed by 
the department as provided in this article. 

§28-213.1.1 Penalty for work without permit on one or 
two-family dwelling. Where work has been performed 
without a permit on a one-family or two-family dwelling the 
penalty shall equal four times the amount of the fee payable 
for the permit. Where only part of the work has been per- 
formed without a permit, the penalty shall be reduced pro- 
portionately according to the amount of work still to be 
performed at the time a permit is issued. Notwithstanding 
the foregoing, no such penalty shall be less than five hun- 
dred dollars. 

§28-213.1.2 Penalty for work without permit on other 
than one or two-family dwelling. The penalty for work 
without a permit on buildings other than one or two-family 
dwellings shall be fourteen times the amount of the fee pay- 
able for such permit. Where only part of the work has been 
performed without a permit, the penalty shall be reduced 
proportionately according to the amount of work still to be 
performed at the time a permit is issued. Notwithstanding 
the foregoing, no such penalty shall be less than five thou- 
sand dollars. 

§28-213.2 Waiver. Such penalty and the permit fee shall be 
payable by the owner of the building on which the unpermitted 
work was performed. A waiver or reduction of such penalty 
shall be available to a subsequent bona fide purchaser of the 
premises pursuant to department rules. 

§28-213.3 Payment of penalty required before issuance of 

permit. No permit shall be issued for work described in this 
article until the penalty assessed by the department pursuant to 
this article has been paid. 



§28-213.4 Procedure. The department shall adopt a rule set- 
ting forth a procedure for assessment of penalties pursuant to 
this article. 



ARTICLE 214 
ORDER TO SEAL, SECURE AND CLOSE 

§28-214.1 Order to seal, secure and close. If the commis- 
sioner determines such action is necessary to the preservation 
of life and safety the commissioner may order a building sub- 
ject to a vacate order to be sealed, secured and closed, except 
that the commissioner shall not order sealed, secured and 
closed any dwelling unit or other space lawfully used for resi- 
dential purposes unless such dwelling unit or other space is 
sealed pursuant to the provisions of article 216. 

§28-214.1.1 Definition. For the purpose of this article, 
"sealed" and "sealed, secured and closed" shall mean the 
use of any means available to render the building, structure 
or part thereof inaccessible, including but not limited to the 
use of a padlock or cinder blocks. 

§28-214.1.2 Hearing. Such order to seal, secure and close 
shall contain notice of the opportunity for a hearing with 
respect to such order to determine if the order was properly 
issued in accordance with the provisions of this article. Such 
hearing shall be conducted by the commissioner, or in the 
commissioner's discretion, by the office of administrative 
trials and hearings or the environmental control board. If the 
matter is referred to such office or board, the hearing officer 
shall submit his or her findings of fact and a recommended 
decision to the commissioner. The hearing shall be held 
within three business days after the receipt of the written 
request of an owner, lessor, lessee, or mortgagee for such 
hearing. The commissioner shall render a decision within 
three business days after such hearing is concluded or find- 
ings of fact and a recommendation are submitted. 

§28-214.1.3 Service of seal, secure and close order. Such 
order issued pursuant to this article shall be served as fol- 
lows: It shall be mailed to the record owner of such pre- 
mises; any record mortgagee of such premises at the address 
for such person as set forth in the recorded instrument; and if 
reasonably ascertainable, the person designated as owner's 
agent of the building or designated to receive real property 
tax or water bills for the building at the address for such per- 
son contained in one of the files compiled by the department 
of finance for the purpose of the assessment or collection of 
real property taxes and water charges or in the file compiled 
by the department of finance from real property transfer 
forms filed with the city register upon the sale or transfer of 
real property. A copy shall also be filed with the county clerk 
of the county in which such premises is located. Such filing 
shall be notice of the order to any subsequent owner and 
such owner shall be subject to such order. 

§28-214.1.4 Rescission of seal, secure and close order. An 

order issued pursuant to this article shall not be rescinded 
unless the owner, lessor, lessee or mortgagee seeking such 
rescission provides assurance, in a form satisfactory to the 
commissioner, that the conditions that caused the issuance 
of such order have been corrected and will not reoccur. If 



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such order is rescinded, upon the request of the owner, les- 
sor, lessee or mortgagee, the commissioner shall provide a 
certified copy of such rescission, which may be filed with 
the county clerk of the county in which such premises is 
located. 

§28-214.1.5 Expenses of enforcing seal, secure and close 
orders. The expenses attending the execution of any and all 
orders duly made by the department shall respectively be a 
several and joint personal charge against each of the owners 
or part owners, and each of the lessees and occupants of the 
building, structure, enclosure, place or premises to which 
such order relates, and in respect to which such expenses 
were incurred; and also against every person or body who 
was by law or contract bound to do that in regard to such 
building, structure, enclosure, place or premises which such 
order requires. Such expenses shall also be a lien on all rent 
and compensation due, or to become due, for the use of any 
building, structure, place or premises, or any part thereof, to 
which such order relates, and in respect to which such 
expenses were incurred. 

§28-214.1.6 Notice of seal, secure and close order to com- 
munity. The commissioner shall give written notice of the 
closing of any building, structure, enclosure, place or pre- 
mises pursuant to this article, and any subsequent actions 
taken with respect thereto, as soon as practicable, to the bor- 
ough president of the borough within which the closing has 
occurred; the council member representing the district 
within which the closing has occurred; and the local com- 
munity board. On January first of each year, the commis- 
sioner shall submit a report to the council, setting forth the 
number of closings made in the previous year, the locations 
of such closings, and the nature and use of the premises 
closed. The commissioner shall, in addition, as soon as 
practicable after a building, structure, enclosure, place or 
premises has been closed, make and publish a report of said 
closing in a manner calculated to quickly notify the local 
community in which such closing occurred. The commis- 
sioner shall also make and publish a report of any premises 
reopened pursuant to his or her permission under this arti- 
cle. Failure to comply with this section 28-214.1.6 shall not 
invalidate any action taken by the commissioner pursuant to 
this article. 

§28-214.2 Access to sealed premises. The commissioner shall 
allow access to the premises sealed, secured and closed pursu- 
ant to this article to an owner, or a lessor, lessee or mortgagee 
upon the following conditions: 

1. The submission of a written affirmation, satisfactory to 
the commissioner, that such person or persons will com- 
mence or cause to be commenced without delay all work 
necessary to correct the conditions stated in the vacate 
order or otherwise to make the premises meet all applica- 
ble laws and rules and will complete such work within a 
period of time and in a manner to be approved by the 
commissioner; 

2. The submission of a written affirmation or other proof 
satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure 



that the premises will be used or operated in a lawful 
manner and specifying such lawful use; 

3. If a license, permit, certificate of operation or certificate 
of occupancy is necessary for such lawful use, the sub- 
mission of a written affirmation or other proof, satisfac- 
tory to the commissioner, describing the steps that have 
been taken and will be taken in the future to ensure that 
such premises will be used or operated in compliance 
with any law requiring such license, permit, certificate of 
operation or certificate of occupancy; and 

4. If the premises are leased and the person making the 
affirmations described above in items 1, 2 and 3 is not 
such lessee, the commissioner may also require any 
authorized person seeking access to submit a written 
affirmation or other proof that proceedings to enable 
such person to take actions necessary to ensure compli- 
ance with the affirmations submitted by such authorized 
person pursuant to items 1, 2 and 3 have been com- 
menced. 

§28-214.3 Additional penalties for harm or injury from vio- 
lation of order to seal, secure and close. Notwithstanding any 
other law, rule, or regulation, any person, corporation, partner- 
ship, association or any other legal entity who permits a build- 
ing, structure, enclosure, place or premises, or any part thereof, 
to be unlawfully occupied or used in contravention of an order 
of the commissioner pursuant to this article, or who negligently 
fails to prevent or prohibit such unlawful occupancy or use, 
shall be liable for a civil penalty of not more than one million 
dollars, if any other person suffers serious physical injury, as 
defined in section ten of the penal law, or death in the building, 
structure, place or premises or any part thereof subject to such 
order as a result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such 
penalty shall be recoverable for each person suffering serious 
physical injury or death. Such penalty shall be recovered in a 
civil action brought by the corporation counsel in the name of 
the city in any court of competent jurisdiction. In determining 
the amount of the civil penalty to be imposed the court shall 
consider: 

1 . The extent and severity of injury to persons and property 
caused by the violation; 

2. The history of violations by the defendant at such pre- 
mises, or any other premises, of laws or rules enforced by 
the department; 

3. The degree of willfulness, recklessness, or negligence 
displayed by the defendant in committing the subject 
violation; 

4. The defendant's financial resources; and 

5. The defendant's good faith efforts to cure the subject 
violation, including efforts to obtain entry to or posses- 
sion of the premises in order to do so. 

§28-214.3.1 Payment by city. In the event that the family of 
any person seriously injured or who has died as the result of 
any unlawful occupancy or use described in this section 
28-214.3 is unable to collect a judgment recovered in a civil 
action for personal injury or wrongful death against a defen- 
dant who has violated this section 28-214.3 because of the 



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insolvency of such defendant, the city may, in its discretion, 
pay to such injured person or the family of such deceased 
person an amount, as hereinafter provided, collected from 
such defendant in an action relating to the same injury or 
death commenced by the corporation counsel against such 
defendant pursuant to this section 28-214.3.1. 

§28-214.3.2 Limitations. Payments pursuant to section 
28-214.3. 1 shall be made as a matter of grace and shall be in 
such amounts and in accordance with such standards and 
procedures as shall be established by the mayor, provided, 
however, that any payment made pursuant to section 
28-214.3.1 shall be in an amount not exceeding 
out-of-pocket expenses, including indebtedness reasonably 
incurred for medical or other services necessary as a result 
of the injury upon which such action is based; loss of earn- 
ings or support resulting from such injury; burial expenses 
not exceeding two thousand five hundred dollars of a person 
who died as a result of such unlawful occupancy or use 
described in this section 28-214.3; and the unreimbursed 
cost of repair or replacement of articles of essential personal 
property lost, damaged or destroyed as a direct result of such 
unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person's 
uncollected judgment for personal injury or wrongful death 
and in no event shall the total amount paid to any number of 
persons with such uncollected judgments against a single 
defendant exceed the actual amount collected by the city 
from such defendant in an action under this subdivision. 



ARTICLE 215 
EMERGENCY POWERS OF THE COMMISSIONER 

§28-215.1 Emergency work. Notwithstanding any other pro- 
visions of law, if the commissioner determines that a structure 
or any part thereof is in imminent danger of collapse and the 
exigency of the situation is such that any delay may cause fur- 
ther danger to the public safety, then the commissioner may 
direct the commissioner of housing preservation and develop- 
ment or the department of city wide administrative services, or 
other city agency to perform or arrange the performance of the 
emergency demolition of such structure or part thereof or such 
other work as deemed by the commissioner to make it safe. 

§28-215.1.1 Lien for emergency work. The expenses of 

the city in performing emergency work on any structure or 
part of such structure pursuant to this article shall constitute 
a debt recoverable from the owner and a lien upon the land 
and any part of such structure that was not demolished. 
Every such lien shall have priority over all other liens and 
encumbrances on the premises except for the lien of taxes 
and assessments. Except as otherwise provided by rule of 
the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of 
subchapter five of the housing maintenance code with 
respect to the enforcement of such debt and lien against all 
types of structures, including those authorized to be occu- 
pied or otherwise occupied for residential, commercial, and 
manufacturing purposes. 

§28-215.2 Stopping work and securing structures. See sec- 
tion 28-207.2. 



§28-215.3 Vacating structures. See section 28-207.4. 

§28-215.4 Violations of protective measures during con- 
struction or demolition. During the construction or demoli- 
tion of a structure, the commissioner shall notify the owner of 
the structure affected of any failure to comply with any of the 
provisions of this code that concern the protection of the public 
and workers during construction or demolition. Unless the 
owner so notified proceeds immediately to comply with the 
orders of the commissioner, the commissioner shall have full 
power to correct the violation. All expenses incurred therefore 
shall become a lien on the property pursuant to section 
28-112.9. 

§28-215.5 Investigation of accidents or other emergency 
conditions. When necessary to conduct an investigation of any 
occurrence affecting building or construction safety, the com- 
missioner may seize or impound equipment, building material, 
and portions of the affected building or premises for examina- 
tion and testing. The police department or other authorized law 
enforcement agency shall cooperate with the commissioner 
upon request and shall provide a suitable place for the deposit 
of such items. 

§28-215.6 Closing streets temporarily. The commissioner 
may, when necessary for the public safety, temporarily close 
the sidewalks, streets, structures or places adjacent to a struc- 
ture or part thereof, and the police commissioner, or any of his 
or her subordinates shall enforce all orders or requirements 
made by the commissioner, when so requested by the commis- 
sioner. 

§28-215.7 Recovery of bodies from wrecked structures. 

Where any persons are known or believed to be buried under 
the ruins of any fallen structure or part thereof in the city, the 
commissioner shall cause an examination of the premises to be 
made for the recovery of the injured and bodies of the dead. 
Whenever, in making such examination, it shall be necessary to 
remove any debris from the premises, other city agencies shall 
cooperate with the commissioner in carrying out the purposes 
of this section 28-215.7, and shall provide suitable and conve- 
nient places for the deposit of such debris. 

§28-215.8 Non-compliance with orders; execution of work 

by department. Upon the failure to comply with any order of 
the commissioner within the time limited thereby, and subject 
to the provisions of article 216, any work required to be exe- 
cuted by such order may be executed by the commissioner 
through the officers, agents or contractors of the department; 
and the city shall be reimbursed promptly for all costs and 
expenses of such work. Such costs and expenses shall become a 
lien upon the premises involved and named in the commis- 
sioner's order, which may be enforced in accordance with the 
provisions of section 28-1 12.9 of this code. 



ARTICLE 216 
UNSAFE BUILDINGS 

§28-216.1 Conditions constituting an unsafe building or 

structure. Any building, structure or part thereof described in 
this article shall be deemed an unsafe building and shall be 
demolished or removed or made safe and secure as provided 
herein. 



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§28-216.1.1 Compromised structures. Any structure or 
premises or part of a structure or premises that from any 
cause may at any time become dangerous or unsafe, struc- 
turally or as a fire hazard, or dangerous or detrimental to 
human life, health or safety, shall be demolished and 
removed or made safe and secure. 

§28-216.1.2 Vacant buildings. Any vacant building not 
continuously guarded or not sealed and kept secure against 
unauthorized entry shall have all openings sealed in a man- 
ner approved by the commissioner, and it shall be the duty of 
the owner thereof promptly to make any repairs that may be 
necessary for the purpose of keeping such building sealed 
and secure. 

§28-216.2 Record and notice of unsafe building, structure 
or premises. The department shall cause a report to be filed on 
an unsafe building, structure or premises. The report shall 
describe the nature of the occupancy of the structure and the 
nature of the unsafe condition and be made a record of the 
department. 

§28-216.3 Notice and order. The owner, executor, administra- 
tor, mortgagee, lessee or any other person who may have a 
recorded vested or recorded contingent interest in the unsafe 
building, structure or premises, shall be served with a notice 
containing a description of the unsafe building, structure or 
premises and an order requiring such building be vacated pur- 
suant to 28-207.4, if necessary, and sealed, secured, repaired, 
shored, or demolished and removed as may be deemed neces- 
sary by the department. 

§28-216.3.1 Content. Such notice shall require the person 
thus served immediately to certify to the department his or 
her acceptance or rejection of the order. The notice shall fur- 
ther notify said person(s) that upon his or her refusal or 
neglect to comply with any of the requirements of this provi- 
sion, a survey of the building or premises named in such 
notice will be made at a time and place therein named. The 
notice shall also state that if, pursuant to the survey, it is 
found that the building, structure, or premises referred to 
therein is unsafe or dangerous by the surveyors, their report 
of survey will be placed before the supreme court for trial at 
a time and place named in such notice. 

§28-216.4 Method of service. The notice and order shall be 
served in accordance with the civil practice law and rules of the 
state of New York. 

§28-216.5 Owner abatement of unsafe or dangerous condi- 
tions. If the person served with a notice and order pursuant to 
section 28-216.4 shall immediately certify his or her assent to 
the securing or removal of such unsafe building, structure or 
premises condition, such person shall be allowed a period of 
time as determined by the commissioner, or his or her designee, 
within which to commence and complete the abatement of the 
unsafe or dangerous condition. Such person shall employ suffi- 
cient labor and assistance to secure or remove such conditions 
as expeditiously as possible. 



§28-216.6 Survey. A survey of the building or premises shall 
be conducted as follows: 

§28-216.6.1 Identity of surveyors. The survey shall be 
made by three competent persons, of whom one shall be the 
commissioner or his or her designee; another shall be a reg- 
istered design professional appointed by a recognized pro- 
fessional organization; and the third shall be a registered 
design professional appointed by the person served with a 
notice pursuant to section 28-216.4. If the person served 
with such notice shall neglect or refuse to appoint such sur- 
veyor, the other two surveyors shall make the survey. In case 
they disagree, they shall appoint a third person to take part in 
such survey, who shall be a registered design professional of 
at least 10 years' practice, whose decision shall be final. 

§28-216.6.2 Posting report of survey. A copy of the report 
of the survey shall be posted on the structure that is the sub- 
ject thereof by the persons holding the survey, immediately 
on their issuing such report. 

§28-216.6.3 Compensation of surveyors. The registered 
design professional appointed by the respective profes- 
sional organization, as hereinbefore provided, who may act 
on any survey called in accordance with the provisions of 
this section 28-216.6, and the third surveyor who may have 
been called in the case of disagreement provided for in this 
section 28-216.6, shall each be paid a sum to be determined 
by rule to be promulgated by the department. 

§28-216.6.4 Cost of survey. Any costs incurred by the city 
in connection with the survey shall become money due and 
owing to the city as part of the return of precept and judg- 
ment provided for in section 28-216.9 and 28-216.10 of this 
code or pursuant to lien provided for in section 28-1 12.9 of 
this code. 

§28-216.7 Court proceeding. Whenever the report of survey 
shall recite that the building, structure or premises surveyed is 
unsafe or dangerous, the corporation counsel or his or her 
designee shall, at the time specified in the notice, place such 
notice and report before a justice of the court named in the 
notice. The report of survey shall be in writing and constitute 
the issues to be placed before the court for trial. The purpose of 
the trial shall be to determine whether the unsafe building, 
structure, or premises shall be vacated and sealed, secured, 
shored, or demolished and removed. 

§28-216.7.1 Precedence of proceeding. The unsafe build- 
ing proceeding shall have precedence over every other busi- 
ness of such supreme court. The trial on the issues in the 
unsafe building proceeding shall be held without delay, at 
the time specified in the notice, and shall be held by a justice 
of the court or by a referee, whose decision or report in the 
matter shall be final. 

§28-216.7.2 Precept to abate. If the justice or referee deter- 
mines the building, structure or premises that is the subject 
of the report of survey is unsafe or dangerous, such justice or 
referee trying the case shall immediately issue a precept 
directed to the commissioner authorizing the commissioner 



A-48 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ENFORCEMENT 



forthwith to vacate pursuant to section 28-207.4, if neces- 
sary, and to seal, secure, shore, or demolish and remove the 
unsafe building, structure or premises named in such report. 
The precept shall be effective for a period of three years 
from the date of issuance. 

§28-216.7.3 Notice of pendency. A notice of pendency 
shall be filed in accordance with the following procedure: 

1 . The notice of pendency shall consist of a copy of the 
notice described in section 28-216.3 and shall be filed 
in the office of the clerk of the county where the prop- 
erty affected by such action, suit or proceeding is 
located. Such notice of pendency may be filed at any 
time after the service of the notice described in section 
28-216.3. 

2. Any notice of pendency filed pursuant to the provi- 
sions of this section 28-216.7.3 that has not expired 
may be vacated and cancelled of record upon an order 
of a justice of the court in which such suit or proceed- 
ing was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the 
county where the notice is filed is hereby directed and 
required to mark any such notice of pendency, and 
any record or docket thereof, as vacated and cancelled 
of record upon the presentation and filing of a certi- 
fied copy of such order or consent. 

§28-216.8 Execution of precept A precept issued pursuant to 
section 28-216.7.2 shall be executed in accordance with the 
procedure set forth in sections 28-216.8.1 through 28-216.8.3. 

§28-216.8.1 Work by the department. Upon receiving a 
precept under the provisions of section 28-21 6.7.2, the com- 
missioner shall execute such precept, as therein directed, 
and may employ such labor and assistance and furnish such 
materials as may be necessary for that purpose. The com- 
missioner or his or her designee shall direct the commis- 
sioner of city wide administrative services or the department 
of housing preservation and development or other autho- 
rized agency to perform work in accordance with the pre- 
cept. Such work shall be performed by or under the 
direction of citywide administrative services in accordance 
with the provisions of section 4-204 of the administrative 
code, or the department of housing preservation and devel- 
opment, or such other authorized agency. 

§28-216.8.2 Owner application to perform work. The 

owner of such unsafe building, structure, or premises, or any 
party interested therein, if such person applies to the com- 
missioner immediately upon the issuing of such precept, 
shall be allowed to perform the requirements of such pre- 
cept at his or her own cost and expense, if the performance 
shall be done immediately and in accordance with the 
requirements of such precept and other applicable laws and 
rules and such other requirements as the commissioner shall 
impose. 

§28-216.8.3 Modification of precept. The commissioner 
or his or her designee shall have authority to modify the 
requirements of any precept when such commissioner or 
designee shall be satisfied that such change will secure the 
safety of such structure or premises equally well. 



§28-216.8.3.1 Upon application. The commissioner 
shall also have authority to modify the requirements of 
any precept upon application to such commissioner in 
writing by the owner of the unsafe building, structure, or 
premises, or such owner's authorized representative. In 
addition, upon application to modify the requirements of 
any precept to seal or shore the structure by the commis- 
sioner of housing preservation and development, city- 
wide administrative services or such other authorized 
agency, the commissioner or designee shall have author- 
ity to modify such precept accordingly when the com- 
missioner shall be satisfied that such change will secure 
the safety of such structure or premises equally well. 

§28-216.8.3.2 Notice. After a determination to modify 
the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the 
owner and applicant for the modification if other than the 
owner, at his or her last known address. 

§28-216.8.3.3 Failure of owner to perform work. If no 

action in accordance with the modified precept is under- 
taken by the owner or applicant for modification within 
the time period provided in the modification following 
the granting of such application, the commissioner may 
direct the department of housing preservation and devel- 
opment or the department of citywide administrative ser- 
vices or such other authorized agency to execute the 
original precept, provided however that prior to such 
execution, notice shall be provided by regular mail to the 
owner of the unsafe building, structure or premises and 
applicant for the modification if other than the owner, at 
his or her last known address. The owner shall continue 
to have the right to request the commissioner to modify 
the requirements of the precept prior to the execution 
thereof. 

§28-216.8.4 Interference prohibited. It shall be unlawful 
for any person to interfere, obstruct or hinder the commis- 
sioner or the commissioner of citywide administrative ser- 
vices, housing preservation and development, or other 
authorized agency, or any person who, acting under the 
authority conferred on such person by such commissioner, 
in performing the work authorized by a precept issued out of 
any court or modified in accordance with §28-216.8.3, or 
the work ordered by the commissioner in accordance with 
such precept under the provisions of section 28-216.8.3.3. 

§28-216.8.5 Enforcement. The police commissioner shall 
enforce such orders or requirements when requested by the 
commissioner and shall likewise enforce same at the request 
of the commissioner of citywide administrative services, 
housing preservation and development, or other authorized 
agency, with respect to work performed by or under the 
direction of such commissioner pursuant to the provisions 
of section 28-216.8.3.3. 

§28-216.9 Return of precept and reimbursement of city. 
Upon compliance with any precept issued to the commissioner 
in a proceeding under this article, the commissioner may make 
return thereof, with an endorsement of the action thereunder 
and the costs and expenses thereby incurred, to the justice of 
the court from which such precept issued. Such justice shall 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-49 



ENFORCEMENT 



then tax and adjust the amount endorsed upon such precept, 
and shall adjust and allow the disbursements of the proceeding, 
including but not limited to the preliminary expenses of 
searches, service of the notice of survey and summons on inter- 
ested parties, surveys thereof, and costs of executing the pre- 
cept, which shall be inserted in the judgment in such 
proceeding. Such justice shall then render judgment for such 
amount and for the sale of the premises named in such notice, 
together with all the right, title and interest that the person 
named in such notice had in the lot, ground or land upon which 
such structure was placed, at the time of the filing of a notice of 
pendency in such proceedings, or at the time of the entry of 
judgment therein, to satisfy such judgment in foreclosure of 
mortgages. Nothing in this article shall preclude the city from 
recovering such costs and expenses in any other lawful manner, 
including pursuant to section 28-1 12.9 of this code. 

§28-216.10 Judgment lien. Any judgment rendered in an 
action or proceeding instituted under this article shall be and 
become a lien upon the premises named in such action or pro- 
ceeding, such lien to date from the time of filing a notice of pen- 
dency in the office of the clerk of the county wherein the 
property affected by such action or proceeding, is located. 
Every such lien shall have priority before any mortgage or 
other lien as may exist prior to such filing except tax and assess- 
ment liens. 

§28-216.11 Tax lien. Any costs and expenses incurred by any 
agency of the city pursuant to this article, including but not lim- 
ited to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys 
thereof, and costs of executing the precept, shall be a debt 
recoverable from the owner of the premises and a lien upon the 
land and buildings upon or in respect to which such costs and 
expenses were incurred. Every such lien shall have priority 
over all other liens and encumbrances on the premises except 
for the lien of taxes and assessments. Except as otherwise pro- 
vided by rule of the affected agency, the agency incurring such 
expense shall be governed by the procedures set forth in article 
eight of subchapter five of the housing maintenance code with 
respect to the enforcement of such debt and lien. 



A-50 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 3 

MAINTENANCE OF BUILDINGS 



ARTICLE 301 
GENERAL 

§28-301.1 Owner's responsibilities. All buildings and all 
parts thereof and all other structures shall be maintained in a 
safe condition. All service equipment, means of egress, materi- 
als, devices, and safeguards that are required in a building by 
the provisions of this code, the 1 968 building code or other 
applicable laws or rules, or that were required by law when the 
building was erected, altered, or repaired, shall be maintained 
in good working condition. Whenever persons engaged in 
building operations have reason to believe in the course of such 
operations that any building or other structure is dangerous or 
unsafe, such person shall forthwith report such belief in writing 
to the department. The owner shall be responsible at all times to 
maintain the building and its facilities and all other structures 
regulated by this code in a safe and code-compliant manner and 
shall comply with the inspection and maintenance require- 
ments of this chapter. 



ARTICLE 302 
MAINTENANCE OF EXTERIOR WALLS 

§28-302.1 General. A building's exterior walls and appurte- 
nances thereof shall be maintained in a safe condition. All 
buildings greater than six stories shall comply with the mainte- 
nance requirement of this article. 

Exception: The requirements imposed by this article shall 
not apply to any part of an exterior wall that is less than 12 
inches (305 mm) from the exterior wall of an adjacent build- 
ing. 

§28-302.2 Inspection requirements. A critical examination 
of a building's exterior walls and appurtenances thereof shall 
be conducted at periodic intervals as set forth by rule of the 
commissioner, but such examination shall be conducted at least 
once every five years. No later than January 1, 2009 the com- 
missioner shall by rule establish staggered inspection cycles 
for buildings required to comply with this section. The initial 
examination for a new building shall be conducted in the fifth 
year following the erection or installation of any exterior wall 
and/or appurtenances as evidenced by the issuance date of a 
temporary or final certificate of occupancy or as otherwise pre- 
scribed by rule. 

1. Such examination shall be conducted on behalf of the 
building owner by or under the direct supervision of a 
registered design professional with appropriate qualifi- 
cations as prescribed by the department. 

2. Such examination shall include a complete review of the 
most recently prepared report and an inspection. 

3. Such examination shall be conducted in accordance with 
rules promulgated by the commissioner. 

§28-302.3 Immediate notice of unsafe condition. Whenever 
a registered design professional learns of an unsafe condition 



through a critical examination of a building's exterior walls and 
appurtenances thereof, such person shall notify the owner and 
the department immediately in writing of such condition. 

§28-302.4 Report of critical examination. The registered 
design professional shall submit a written report to the com- 
missioner within 60 days of completing the critical examina- 
tion, but not more than five years following submission of the 
preceding report of critical examination, certifying the results 
of such critical examination as either safe, unsafe or safe with a 
repair and maintenance program. The report shall clearly docu- 
ment the condition of the exterior walls and appurtenances 
thereof and shall include a record of all significant deteriora- 
tion, unsafe conditions and movement observed as well as a 
statement concerning the watertightness of the exterior sur- 
faces. Such report must be professionally certified by such reg- 
istered design professional. 

§28-302.5 Repair of exterior walls, unsafe condition. Upon 
the notification to the department of an unsafe condition, the 
owner, the owner's agent or the person in charge shall immedi- 
ately commence such repairs, reinforcements or other mea- 
sures as may be required to secure public safety and to make the 
building's exterior walls or appurtenances thereof conform to 
the provisions of this code. 

1. All unsafe conditions shall be corrected within 30 days 
of filing the critical examination report. 

2. The registered design professional shall reinspect the 
premises and file an amended report within two weeks 
after the repairs have been completed certifying that the 
unsafe conditions of the building have been corrected. 

3. The commissioner may grant an extension of time of up 
to 90 days to complete the repairs required to correct an 
unsafe condition upon receipt and review of an initial 
extension application submitted by the registered design 
professional together with such additional documenta- 
tion as may be prescribed by rule. 

4. The commissioner may grant further extensions of time 
to complete the repairs required to remove an unsafe 
condition upon receipt and review of an application for a 
further extension submitted by the registered design pro- 
fessional together with such further documentation as 
may be prescribed by rule. 

§28-302.6 Safe condition with a repair and maintenance 
program. The registered design professional shall not file a 
report of a safe condition with a repair and maintenance pro- 
gram for the same building for two consecutive filing periods 
unless the second such report is accompanied by his or her pro- 
fessional certification attesting to the correction of all condi- 
tions identified in the prior report as requiring repair. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-51 



MAINTENANCE OF BUILDINGS 



ARTICLE 303 
PERIODIC BOILER INSPECTIONS 

§28-303.1 General. Periodic boiler inspections shall be per- 
formed in accordance with this article. 

§28-303.2 Annual inspection. Except as otherwise provided 
in this article, all boilers as defined in section 204 of the New 
York state labor law, excepting those boilers listed in subdivi- 
sion five of such section of such labor law, shall be inspected at 
least once a year by a qualified department boiler inspector or 
an approved agency. Such inspections shall also include the 
chimney connectors. All individuals who perform periodic 
inspections pursuant to this article shall be qualified under sec- 
tion 204 of the New York state labor law and the rules promul- 
gated by the commissioner of labor or the commissioner of 
buildings. 

§28-303.2.1 Internal inspection required. When the con- 
struction of the boiler allows, an internal inspection shall 
also be performed. 

§28-303.3 Inspection of high-pressure boilers. Each owner 
of a high-pressure boiler, as defined in this code, may choose to 
have the annual boiler inspection conducted by the department 
or by a qualified boiler inspector in the employ of a duly autho- 
rized insurance company. 

§28-303.4 Staggered inspection cycles. The commissioner 
may by rule establish staggered inspection cycles for buildings 
required to comply with this article. 

§28-303.5 Repair of defects. The owner of each boiler that is 
subject to periodic inspection shall correct any defects identi- 
fied in the annual boiler inspection. 

§28-303.6 Owner's annual statement. The owner of each 
boiler that is subject to periodic inspection shall file an annual 
written statement with the commissioner including: 

1 . The location of each boiler. 

2. Whether the owner, agent, or lessee has had the boiler 
inspected by a qualified boiler inspector in the employ of 
a duly authorized insurance company or other qualified 
inspector in accordance with the requirements of this 
article, setting forth the name and address of the insur- 
ance company or other qualified inspector, the date of 
inspection, and the policy number covering the boiler. 

§28-303.7 Report of inspection. A signed copy of the report 
of each boiler inspection shall be filed with the owner's annual 
statement, on such forms and in such manner as required by the 
commissioner. The report shall include a certification that 
identified defects have been corrected. The statement shall be 
filed within 30 days after installation of a boiler. Thereafter, it 
shall be filed as set forth in this article and in rules. 

§28-303.8 Removal or discontinuance notice. The owner of a 
boiler that is removed or discontinued from use shall file a writ- 
ten notice of such removal or discontinuance with the commis- 
sioner within 30 days of the date of removal or discontinuance. 

§28-303.9 Additional inspections. In addition to the inspec- 
tions required by this article, the commissioner may make such 
additional inspections as required to enforce the provisions of 
this code. 



§28-303.10 Fees. Every owner of a boiler in use and inspected 
by a qualified boiler inspector in the employ of a duly autho- 
rized insurance company shall pay to the department an annual 
fee for each boiler in the amount prescribed by this code to 
cover the city's administrative and supervisory costs. The fee 
shall be payable at the time of the filing of the owner's annual 
statement. No fee shall be charged for additional inspections 
made by the department pursuant to section 28-303.9. 



ARTICLE 304 
PERIODIC INSPECTION OF ELEVATORS 

§28-304.1 General. Every new and existing elevator or con- 
veying system shall be inspected and tested in accordance with 
the schedule set forth in this article. 

§28-304.2 Elevators, escalators, moving walkways, mate- 
rial lifts, vertical reciprocating conveyors (VRC) and 
dumbwaiters. Elevators, escalators, moving walkways, mate- 
rial lifts, VRC's and dumbwaiters shall be inspected and tested 
in accordance with the schedule set forth in Table Nl of AS ME 
17.1 as referenced in chapter 35 and as may be modified in 
chapter 30 and appendix K of the New York city building code. 

Exception: Elevators located in owner-occupied one-fam- 
ily, two-family or multiple-family dwellings that service 
only the owner-occupied dwelling unit and that are not 
occupied by boarders, roomers or lodgers, and elevators 
located within convents and rectories that are not open to 
non-occupants on a regular basis are not subject to periodic 
inspection requirement of such reference standard. 

§28-304.3 Chair lifts and stairway chair Sifts. Chair lifts and 
stairway chair lifts shall be inspected and tested at intervals not 
exceeding one year. 

§28-304.4 Amusement devices. Amusement devices shall be 
inspected and tested at intervals not exceeding six months 
except that for seasonally operated amusement devices, the 
commissioner may extend the periodic inspection and test for 
an additional two months. 

§28-304.5 Frequency of inspection and testing. Elevators 
and other conveying systems may be subject to more frequent 
inspection and testing as the commissioner finds necessary to 
protect public safety. 

§28-304.6 Inspection and testing process. All devices shall 
be inspected and tested in accordance with sections 28-304.6. 1 
through 28-304.6.6 

§28-304.6.1 Inspection and testing entities. The required 
periodic inspections shall be made by the department, 
except that one inspection and test for elevators and escala- 
tors shall be made between January first and December 
thirty-first of each year on behalf of the owner by an 
approved agency in accordance with this code and with 
rules promulgated by the commissioner. Required inspec- 
tions and tests performed on behalf of the owner shall be 
performed by an approved agency in accordance with rules 
of the department and witnessed by an approved agency not 
affiliated with the one performing the test. The department 
shall be notified at least 10 days prior to the owner's periodic 
inspection and testing pursuant to rule of the department. 



A-52 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



MAINTENANCE OF BUILDINGS 



§28-304.6.2 Scope. During periodic inspection and testing, 
in addition to any other requirements prescribed by this 
code, all parts of the equipment shall be inspected to deter- 
mine that they are in safe operating condition and that parts 
subject to wear have not worn to such an extent as to affect 
the safe and reliable operation of the installation. 

§28-304.6.3 Reporting an unsafe or hazardous condi- 
tion. If an inspection reveals that any elevator or other con- 
veying system is unsafe or hazardous to life and safety, the 
device is to be taken out of service immediately by the 
agency performing the inspection and the building owner 
notified immediately. The department shall be notified by 
telephone or fax within 24 hours. 

§28-304.6.4 Notation of inspection or test. After each 
inspection or test, the inspector shall affix the inspection 
date and his or her signature over a stamp identifying his or 
her approved agency and his or her approval number on the 
inspection certificate issued by the department. 

§28-304.6.5 Inspection and test reports submission. 

Inspection and test reports shall be submitted on such forms 
and in such manner as required by the commissioner. Cop- 
ies of each report (each copy originally signed by the 
inspector performing the inspection and test and by the 
inspector witnessing the inspection and test, the agency 
director, and the building owner) listing all violations of any 
of the provisions of this code for each device inspected 
and/or tested, shall be delivered to the owner within 30 cal- 
endar days of the inspection or test and filed with the depart- 
ment within 45 calendar days of the inspection or test. 

§28-304.6.6 Repair. All defects as found and reported in 
such inspection and test reports shall be corrected within 45 
days of the filing of the report, except all hazardous condi- 
tions shall be corrected immediately. 

§28-304.7 Required contract. The owner of all new and exist- 
ing passenger elevators shall have a contract with an approved 
agency to perform elevator repair work and maintenance as 
defined by ASME 17.1. The name, address and telephone num- 
ber of such agency shall be maintained at each premises, on the 
mainline disconnect switch and in a location readily accessible 
to employees of the department and to maintenance and custo- 
dial staff at the premises. 

§28-304.8 Fees. Every owner of elevators and other devices 
shall pay to the department an inspection fee and a report filing 
fee for each elevator or device in the amount prescribed by this 
code. 

§28-304.9 Additional inspections. The commissioner may 
make such additional inspections as required to enforce the 
provisions of this code. No fee shall be charged for such addi- 
tional inspections. 



ARTICLE 305 
RETAINING WALLS 

§28-305.1 Retaining walls, partition fences and other site 
structures. In addition to the requirements set forth in chapter 
33 of the New York city building code, the responsibility for 
maintaining and repairing retaining walls, partition fences and 



other site structures shall be in accordance with sections 
28-305.1.1 and 305.1.2. 

§28-305.1.1 Structures located on the lot line of adjacent 
properties and partially on both properties. The owners 
of adjacent properties shall be responsible jointly for the 
proper maintenance and repair of retaining walls, partition 
fences and other site structures, or portions thereof, that are 
located along the common lot line and on both their proper- 
ties; and each such owner shall be responsible for one-half 
of the costs of maintaining and repairing such fences, retain- 
ing walls and other site structures, or such portions thereof. 
Where an owner elects to remove temporarily a retaining 
wall or partition fence that is required to support a grade dif- 
ferential between the two properties, or for any other reason 
is required by this code, such owner shall protect the adja- 
cent property, shall not impair its safe use, and shall replace 
the retaining wall or partition fence at his or her own cost. 

§28-305.1.2 Structures located entirely on one property. 

Where such retaining walls, partition fences or other site 
structures, or portions thereof, are located entirely on one 
property, the owner of such property shall be wholly respon- 
sible for the proper maintenance and repair of the retaining 
wall, partition fence or other site structure. If, however, the 
proper maintenance and/or repair of such retaining wall, 
partition fence or other site structures requires access to the 
adjoining property, the owner of such adjoining property 
shall allow such access. 

§28-305.2 Retaining walls required. Hereafter, when an 
owner elects to set his or her grade either higher or lower than 
the grade of an adjoining property at the property line, such 
owner shall erect, maintain and repair a retaining wall of suffi- 
cient height, structure and foundation to support such grade 
differential, and with proper drainage, in accordance with this 
code, such that the adjacent property is not impacted, and shall 
do so at the sole expense of such owner and entirely on the 
property of such owner without access to the adjoining prop- 
erty. 

§28-305.3 Special agreement. Nothing in this article shall be 
construed to prevent the owners of adjacent properties from 
making or enforcing by private action special agreements with 
respect to maintenance or repair of retaining walls, partition 
fences and other site structures or access to adjoining property 
for such purpose. 



ARTICLE 306 
PARTY WALLS 

§28-306.1 Responsibility for party walls. Repair and mainte- 
nance of the construction, design and fire-resistance rating of 
party walls shall be the joint responsibility of the owners of the 
adjoining properties, and any change by either owner must 
maintain the weather protection, structural, vertical fire divi- 
sion and other requirements of this code for party walls. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-53 



MAINTENANCE OF BUILDINGS 



ARTICLE 307 
WORKPLACE EXITS 

§28-307.1 Obstruction of workplace exits prohibited. 

Except for the exemptions specified in subdivision j of section 
27-371 of the administrative code or chapter 10 of the New 
York city building code, as applicable, it shall be unlawful for 
an employer or the agent of an employer to lock the doors of a 
workplace or otherwise obstruct or prohibit exit from a work- 
place when such act may endanger the health or safety of any 
employee, independent contractor or other individual in such 
workplace in the event of a fire or other hazardous condition or 
event. The commissioner shall classify a violation of this sec- 
tion as an immediately hazardous violation. Notwithstanding 
any other provision of this code, upon criminal conviction or 
civil adjudication of liability for a violation of this section an 
additional fine or civil penalty of not less than five thousand 
dollars nor more than twenty thousand dollars shall be imposed 
for each employee, independent contractor or other individual 
endangered by a violation of this section. 

§28-307.1.1 Notice. A sign shall be posted conspicuously at 
the workplace of a person convicted of or found liable for a 
violation of section 28-307.1. Such sign shall, in English, 
Spanish, Korean, Chinese or any other language directed by 
the fire commissioner, provide notice to employees of the 
acts prohibited by section 28-307.1 and of the remedies for 
employer retaliation as set forth in section 28-307.3. The 
sign shall be in a form and posted in a manner directed by the 
lire commissioner and may contain any other information 
deemed necessary by the fire commissioner or as recom- 
mended by the police commissioner or the commissioner. 
The fire commissioner may, in the interest of public safety, 
adopt a rule requiring the posting of such signs at other 
workplaces. 

§28-307.2 Unannounced inspections of workplaces by fire 
department In addition to any other inspections required by 
law or rule, the fire department shall conduct a minimum of 
fifty unannounced workplace inspections annually to ensure 
the identification and abatement of any hazardous conditions in 
violation of section 28-307.1. Such inspections shall include, 
but not be limited to, sites where there are known or suspected 
conditions affecting employee safety and health. 

§28-307.3 Retaliation. It shall be unlawful for an employer or 
the agent of such employer to take a retaliatory action, as 
defined by section 740 of the labor law, against an employee 
because of the lawful acts of such employee in furtherance of a 
civil or criminal enforcement proceeding arising out of the fail- 
ure of such employer or agent to comply with section 28-307. 1 
An employee who is the victim of such retaliatory action may 
commence an action in any court of competent jurisdiction for 
the relief provided for in this section and shall be entitled to all 
relief necessary to make such employee whole. Lawful acts of 
an employee shall include, but not be limited to, assisting in the 
investigation and initiation of an enforcement proceeding 
alleging a violation of section 28-307. 1, providing testimony in 
any such proceeding or providing other assistance in connec- 
tion therewith. The relief to which such employee shall be enti- 
tled shall include, but not be limited to, (i) an injunction to 
restrain any adverse or retaliatory action, (ii) reinstatement to 
the position such officer or employee would have had but for 



such action, or to an equivalent position, (iii) reinstatement of 
full benefits and seniority rights including payment of any 
missed back pay, plus interest and (iv) compensation for any 
special damages sustained as a result of such action, including 
litigation costs and reasonable attorneys' fees. 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 4 

LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND 
OCCUPATIONS ENGAGED IN BUILDING WORK 



ARTICLE 401 
GENERAL 

§28-401.1 Application. This chapter shall apply to the licens- 
ing and registration of businesses, trades and occupations 
engaged in building work regulated by this code. 

§28-401.2 General requirements for all licenses. The provi- 
sions of this article shall apply to all licenses issued by the 
department pursuant to this chapter. All applicants and licens- 
ees shall comply with the provisions of this article as well as the 
specific requirements applicable to the particular license as set 
forth in other articles of this chapter. 

§28-401.3 Definitions. As used in this chapter the following 
terms shall have the following meanings unless the context or 
subject matter requires otherwise. 

CERTIFICATE OF COMPETENCE. A certificate issued 
by the department to an individual representing that such indi- 
vidual has completed all requirements for the master plumber 
or master fire suppression piping contractor license but has not 
obtained a seal or plate; and that such certificate of competence 
has been renewed as required and is currently in effect. The cer- 
tificate of competence shall bear the name of the holder and the 
certificate number. The holder of a certificate of competence is 
not a licensed master plumber or licensed master fire suppres- 
sion piping contractor and may practice the trade for which the 
certificate is issued only under the direct and continuing super- 
vision of a licensed master plumber or licensed master fire sup- 
pression piping contractor or, with respect to a city employee 
under the direct and continuing supervision of a supervising 
licensed master plumber or licensed master fire suppression 
piping contractor. 

CITY AGENCY. A city, county, borough, or other office, 
position, administration, department, division, bureau, board 
or commission, or a corporation, institution or agency of gov- 
ernment, the expenses of which are paid, in whole or in part, 
from the city treasury. 

COMBINED STANDPIPE SYSTEM. A standpipe to which 
a sprinkler system is connected or is being connected. 

DIRECT AND CONTINUING SUPERVISION. Responsi- 
ble control exercised by a licensed individual, either personally 
or through one or more, but no more than three, levels of com- 
petent supervision over individuals (i) in the direct employ of 
the licensee, or (ii) in the direct employ of the city agency 
employing the licensee or (iii) in the direct employ of the busi- 
ness performing the actual work of the licensee's trade or the 
actual work permitted by the class of license held by the 
licensee, for which work such licensee assumes full responsi- 
bility. Such control shall be evidenced by such licensee's signa- 
ture, and seal where applicable, upon any required statements, 
applications and/or permits and by demonstrating involvement 
of the licensee in the operations of the business, including hir- 
ing of employees, responsibility for financial matters, and 



oversight of work performance. Direct and continuing supervi- 
sion includes field inspection, supervision of job sites, and the 
maintenance of records of such supervision and such other 
requirements as the commissioner may prescribe by rule for a 
particular license type. 

DIRECT EMPLOY. An individual is in the direct employ of a 
licensee or business or a city agency when such individual is on 
the payroll of such licensee or business or city agency and 
under the usual common law rules applicable in determining 
the employer-employee relationship has the status of an 
employee. The work performed by such employee shall not 
exceed the class of license held by the licensee. Direct employ- 
ment shall be evidenced by payroll records, such as social secu- 
rity payments, income tax withholding or the disbursement of 
other funds as required by law for the benefit of such employee, 
timekeeping records, such as time cards and sign-in sheets, 
work orders, and assignment or route logs. 

FIRE SUPPRESSION PIPING WORK. The installation, 
maintenance, repair, modification, extension, or alteration or 
testing of afire suppression piping system in any building in the 
city of New York. 

FIRE SUPPRESSION PIPING SYSTEM. Any system 
including any and all equipment and materials in connection 
therewith, with the exception of any electrical components that 
must be installed by a licensed electrician pursuant to the New 
York city electrical code, the purpose of which is to control, 
contain, suppress or extinguish fire and shall include: 

1. The systems, materials and equipment described or 
referred to in this code (with the exception of any electri- 
cal components that must be installed by a licensed elec- 
trician pursuant to the New York city electrical code) 
which systems, materials or equipment shall include any 
standpipe system to which a sprinkler system is or is now 
being connected; provided, however, that such systems, 
materials or equipment shall not include any systems, 
materials or equipment constituting plumbing work, 
with the exception of up to thirty sprinkler heads off the 
domestic water in any one building; or 

2. Any dry, liquid or gaseous chemical fire containment, 
suppression, control or extinguishing system or any 
other device or means of control, suppression, contain- 
ment or extinguishing of fire (with the exception of any 
electrical components that must be installed by a 
licensed electrician pursuant to the New York city elec- 
trical code) but not including portable fire extinguishers. 

GENERAL CONTRACTOR. An individual, corporation, 
partnership or other business entity that applies for a permit 
pursuant to this code to construct a new residential structure 
containing no more than three dwelling units. The term "gen- 
eral contractor" shall not be construed to include an individual, 
corporation, partnership or other business entity that holds a 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



license pursuant to this code or subchapter twenty-two of chap- 
ter two of title twenty of the administrative code, and enters into 
a contract to perform work exclusively within the scope of such 
license, nor shall it include an individual who constructs a resi- 
dential structure containing no more than three dwelling units 
for his or her own occupancy, or any subcontractors working 
for the general contractor. 

HIGH-PRESSURE BOILER. A boiler that carries a pressure 
of more than fifteen pounds of steam per square inch and is 
rated in excess of ten horsepower, or that produces hot water 
over a pressure of one hundred sixty pounds per square inch or 
at a temperature over 250°F (121°C). 

LICENSE. A license, registration, certification or other evi- 
dence, issued by the department pursuant to this chapter, repre- 
senting that an individual, a sole proprietorship, partnership, 
corporation, business association or other person meets the 
qualifications and requirements as set out in this chapter and in 
the rules of the department and is authorized to engage in the 
particular trade, occupation or business as indicated on the 
license and representing that such license, with associated plate 
and/or seal, where applicable, has been renewed as required 
and is currently in effect. The license shall bear the holder's full 
name, the type of license, the license class, where applicable, 
the license number and any restrictions relating to the use of 
such license. Such term shall not include a certificate of compe- 
tence. 

LICENSE BOARD OR BOARD. A panel of trade practitio- 
ners and others appointed by the commissioner as provided 
herein and in rules promulgated by the commissioner with the 
purpose of advising the commissioner regarding the character 
and fitness of applicants for a license or certificate of compe- 
tence, allegations of illegal practices by persons licensed, or 
other matters as the commissioner may see fit. 

LICENSED MASTER FIRE SUPPRESSION PIPING 
CONTRACTOR, MASTER FIRE SUPPRESSION PIP- 
ING CONTRACTOR. An individual who has satisfied the 
requirements of this chapter for the master fire suppression pip- 
ing contractor license, who has been issued a license, plate 
and/or seal, and who is authorized under the provisions of this 
chapter to perform fire suppression piping work in the city of 
New York, according to the classification of license held. A 
master fire suppression piping contractor licensee shall prac- 
tice his or her trade in association with a master fire suppres- 
sion piping contractor business or as an employee of a city 
agency. 

LICENSED MASTER PLUMBER, MASTER 
PLUMBER. An individual who has satisfied the requirements 
of this chapter for the master plumber license, who has been 
issued a license, plate and/or seal, and who is authorized under 
the provisions of this chapter to perform plumbing work in the 
city of New York. A master plumber licensee shall practice his 
or her trade in association with a master plumber business or as 
an employee of a city agency. 

PLATE. A plaque issued by the department to a master 
plumber or a master fire suppression piping contractor setting 
forth the licensee's name and number, the class of license and 
the master plumber business or master fire suppression piping 
contractor business operating pursuant to the plate, and dis- 



played prominently and conspicuously on view to the public at 
the place of business registered with the department. The plate 
is the property of the department and is not transferable by the 
licensee. 

PLUMBING WORK. The installation, maintenance, repair, 
modification, extension or alteration of plumbing, standpipe 
where a sprinkler is not connected or is not now being con- 
nected, domestic water, connections to the domestic water, 
combination domestic water and reserve standpipe supply tank 
up to and including the roof tank check valve, gas piping or any 
piping system referred to in the New York city plumbing code, 
and/or up to thirty sprinkler heads off the domestic water in any 
building in the city of New York. 

PRIVATE ELEVATOR INSPECTION AGENCY. An 
approved agency authorized by the commissioner to operate as 
an independent contractor for the purpose of inspecting and 
testing elevators, escalators and other conveying equipment 
regulated by this code and shall include but shall not be limited 
to an insurance company, elevator maintenance company, ele- 
vator manufacturer or elevator inspection company. 

SEAL. Emblem issued by the department to an applicant for 
some license types, that allows the licensee to stamp docu- 
ments required by this code to be signed and sealed. The seal 
shall bear the full name of the licensee, the license type, the 
license class, where applicable, and the license number. The 
seal is the property of the department and is not transferable by 
the licensee. For applications and other documents submitted 
electronically, the digital signature and imprint of the seal may 
be submitted in a manner authorized by the commissioner. 

SIGN. A sign as defined in section 12-10 of the zoning resolu- 
tion. 

TOTAL BOOM. A boom including jibs and other extensions. 

§28-401.4 Requirement of license. It shall be unlawful for any 
person to engage in or carry on in the city any business, trade or 
occupation regulated by this chapter or to hold himself or her- 
self out as authorized to engage in or carry on such activity, 
without having first obtained a license from the commissioner 
in accordance with and subject to the provisions of this chapter 
and the rules of the department. A license issued by the depart- 
ment for any such business, trade or occupation prior to the 
effective date of this code, shall remain in full force and effect 
until the expiration or termination thereof in accordance with 
the terms thereof, unless sooner revoked or suspended for 
cause as hereinafter provided. Any renewal of such license 
shall be in accordance with the provisions of this code. 

§28-401.5 Application and conditions. Every application for 
a license or certificate of competence shall be made in such 
form and shall be accompanied by such information as the 
commissioner may prescribe, and by the required fee. It is a 
condition of the license or certificate of competence that infor- 
mation in the application be kept correct and current. Any 
change in required information shall be reported to the depart- 
ment within fourteen days after any change prior to issuance of 
the license or certificate of competence or within thirty days 
after any change following issuance. 

§28-401.6 Qualifications of applicant. All applicants for a 
license or certificate of competence shall be at least 18 years of 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



age, shall be able to read and write the English language, shall 
be of good moral character, and shall meet additional qualifica- 
tions that may be prescribed for the particular license or certifi- 
cate of competence. 

§28-401.7 Examination of applicant. Except as otherwise 
specified for the particular license type, applicants for a license 
shall be required to take an examination in accordance with the 
rules of the department. Every applicant shall commence the 
license application process with the department within one 
year of passing the examination for licensure and shall furnish 
to the department a completed license application within one 
year of submission of the first filing. Failure to provide all 
requested documents in a timely manner will constitute an 
incomplete application and may result in denial of the license. 

§28-401.8 Investigation of applicant. Every applicant for a 
license or certificate of competence shall submit to investiga- 
tion as directed by a governmental entity in order to determine 
the applicant's character and fitness. The applicant shall fur- 
nish the department with payment for the actual cost of con- 
ducting a background investigation. Failure to provide all 
requested and completed documents in a timely fashion will 
constitute an incomplete application and will result in a denial 
of the license or certificate of competence. 

§28-401.9 Insurance. Except as noted otherwise for a particu- 
lar license, or exempted by the commissioner pursuant to rule, 
prior to the issuance of a license, or during the renewal thereof, 
the applicant shall file with the department (i) satisfactory evi- 
dence of a general liability insurance policy in the amount of 
one million dollars or such other amount as the commissioner 
may require, listing the New York city department of buildings 
as the certificate holder; and (ii) satisfactory evidence of an 
insurance policy for property damage in an amount set forth in 
rules and conditioned upon the observance of all applicable 
laws and rules governing the licensed activities and upon the 
payment of any applicable judgment awarded for damage to or 
destruction of property occurring in the performance of any 
regulated work by or under the supervision of the license 
holder. Each policy of insurance shall contain a provision for 
continuing liability notwithstanding any recovery under such 
policy. In addition, prior to the issuance of any license or seal 
and plate, if applicable, or during any renewal thereof, the 
applicant shall file with the department satisfactory evidence of 
compliance with the workers' compensation law and the dis- 
ability benefits law. 

§28-401.10 Issuance of license, plate and/or seal, where 
applicable, or certificate of competence. The commissioner 
shall issue a license or certificate of competence to each appli- 
cant who shall have submitted satisfactory evidence of his or 
her qualifications, and shall have satisfactorily passed all 
required examinations and investigations, provided that no 
license or certificate of competence shall be issued unless and 
until the applicant shall have paid the required fee and com- 
plied with such other and further requirements for the particu- 
lar license or certificate of competence as may be set forth in 
this chapter and in rules promulgated by the department. All 
licenses or certificates of competence issued by the commis- 
sioner shall have his or her signature affixed thereto; but the 



commissioner may authorize any subordinate to affix such sig- 
nature. For licenses that require a plate and/or the application of 
a seal, the plate and/or seal shall be issued with the license 
except as provided otherwise in this chapter. The license, plate 
and seal are the property of the department and are not transfer- 
able by the licensee. No licensee shall make or cause to be 
made duplicates of a department-issued license, plate or seal. 
The loss or theft of a license, plate or seal must be reported to 
the department within five calendar days. 

§28-401.11 Term of license. All licenses issued by the com- 
missioner for which an examination is required shall expire 
three years from the date of issuance thereof, and may be 
renewed every three years thereafter without examination. The 
commissioner shall have authority to stagger the issuance of 
licenses for three-year terms. All licenses not requiring exami- 
nation shall expire one year from the date of issuance thereof, 
and may be renewed each year thereafter except as otherwise 
noted for a specific license. 

§28-401.12 Renewal of license or certificate of competence. 

Applications for renewal of a license or certificate of compe- 
tence shall be accompanied by the renewal fee and such addi- 
tional information as the commissioner may require, and shall 
be made at least 30 calendar days but not more than 60 calendar 
days prior to the expiration date of same. The failure of an indi- 
vidual to renew his or her license or certificate of competence 
shall have the effect of cancellation of the license or certificate 
of competence upon expiration, and the holder of a plate and/or 
seal issued by the department shall immediately surrender such 
plate and/or seal to the department. A person who fails to renew 
a license or certificate of competence within the time period set 
forth in this section 28-401.12 may apply for reinstatement of 
such license pursuant to section 28-401.13. The department 
may, following notice and an opportunity to be heard, refuse to 
renew a license or certificate of competence on any grounds on 
the basis of which it could deny, suspend or revoke such 
license. 

§28-401.13 Reinstatement. If a license or certificate of com- 
petence expires, the individual may apply for reinstatement of 
the license or certificate of competence, within one year of the 
date of its expiration without examination but subject to appli- 
cable late and reinstatement fees. Thereafter, and up to five 
years after the date of expiration, the commissioner may rein- 
state the license or certificate of competence without examina- 
tion upon the applicant's demonstration to the commissioner's 
satisfaction of continued competence in the respective trade 
and satisfaction of any applicable continuing education 
requirements. A license or certificate of competence shall not 
be reinstated after five years from date of expiration. 

§28-401.14 Continuing education. The commissioner may 
promulgate rules to require applicants for the renewal of 
licenses or certificate of competence to complete a prescribed 
number of hours of continuing education courses approved by 
the department within the term preceding the application for 
renewal and to provide proof of same in a form acceptable to 
the department. Such proof, when required, shall be submitted 
with the application for renewal. 

§28-401.15 Schedule of fees. 



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LICENSE TYPE 


INITIAL 
FEE 


RENEWAL 
FEE 


ADDITIONAL FEES 


Master rigger license 


$200 


$150 
triennially 


Late-renewal fee. $50 
Reissuance fee: $50 


Special rigger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Basic hoisting machine operator license (Class A) 


$150 


$150 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Basic hoisting machine operator license with endorsement to 
operate hoisting machinery without limitation or restriction 
(Class B) 


$200 


$150 
triennially 


Late-renewal fee $50. 
Reissuance fee: $50. 


Special hoisting machine operator license (Class C) 


$100 


$75 
triennially 


Late-renewal fee $50. 
Reissuance fee: $50. 


Concrete testing laboratory license 


$100 


$75 
annually 


Late-renewal fee. $50 
Reissuance fee: $50 


Welder license 


$50 


$45 
triennially 


Late-renewal fee. $50 
Reissuance fee: $50 


Master plumber license (certificate of competence) 


$200 


$150 
triennially 


Late-renewal fees: 

Up to 30 days late, $50; 

From 31 days to five years late, $100 for each year or part thereof 

Reissuance fee: $50 


Master plumber license plate 


$75 


$100 
triennially 


Replacement fee upon loss of plate, w/affidavit: $100 


Master plumber license seal 


$50 


$75 
triennially 


Replacement fee upon loss of seal, w/affidavit: $75 


Journeyman plumber registration 


$50 




No renewal, no reissuance 


Master fire suppression piping contractor (class A, B or C) 
license (certificate of competence) 


$200 


$150 
triennially 


Late-renewal fees: 

Up to 30 days late, $50; 

From 31 days to five years late, $100 for each year or part thereof 

Reissuance fee: $50 


Master fire suppression piping contractor (class A, B or C) 
license plate 


$75 


$100 
triennially 


Replacement fee upon loss of plate, w/affidavit: $100 


Master fire suppression piping contractor (class A, B or C) 
license seal 


$50 


$75 
triennially 


Replacement fee upon loss of seal, w/affidavit: $75 


Journeyman fire suppression piping installer registration 


$50 




No renewal, no reissuance 


Oil-burning equipment installer. License (class A or B) 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


High-pressure boiler operating engineer license 


$50 


$45 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Portable high-pressure boiler operating engineer license 


$50 


$45 
triennially 


Renewal fee includes renewal fee for a hoisting machine operator 
license. 

Late-renewal fee $50 
Reissuance fee: $50 


Master sign hanger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Special sign hanger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Outdoor advertising company registration 


As 

provided 

by dept 

rules 


As provided 
by dept rules 


As provided by dept rules 


Filing representative registration 


$50 


$50 
annually 


Late-renewal fee $50 
Reissuance fee: $50 


Reinstatement of expired license, certificate of competence 
or certification without examination, if approved by 
commissioner, in addition to applicable renewal fees 


Same as 
initial 
license 




$100 for each year or part thereof from date of expiration 


Site safety coordinator certificate 


$100 


$50 


Late-renewal fee $50 


Site safety manager certificate 


$300 


$150 


Late-renewal fee $50 


General contractor registration 


$200 


$160 
biennially 


Late-renewal fee $160 


Tower crane rigger license 


$150 


$50 
triennially 


Late-renewal fee $20 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



§28-401.16 Restrictions on use of license. No holder of a 
license issued under this chapter shall authorize, consent to or 
permit the use of his or her license by or on behalf of any other 
person, and no person who has not qualified and obtained or 
renewed a license under this chapter shall hold himself or her- 
self out to the public as licensed, certified, registered or as the 
holder of a license issued under this chapter, either directly or 
indirectly, by means of signs, sign cards, plates, stationery, or 
in any other manner whatsoever. 

§28-401.17 Use on behalf of a business. Except for such addi- 
tional requirements as may be set forth for a particular license, 
nothing in this chapter shall be construed to prohibit the use of a 
license by the holder thereof for or on behalf of a partnership, 
corporation or other business association, provided that: 

1. At least one member of the partnership or at least one 
officer of the corporation is licensed for the same busi- 
ness, trade or occupation, and that all work performed by 
such partnership or corporation is performed by or under 
the direct and continuing supervision of such license 
holder or holders; or 

2. Such partnership, corporation or other business associa- 
tion is itself authorized to engage in such business as pre- 
scribed herein. 

§28-401.17.1 Use on behalf of a city agency. Nothing in 
this chapter shall be construed to prohibit the holder of a 
license who is an employee of a city agency from using such 
license to practice the trade for which such license is issued 
for or on behalf of such city agency in the course of such 
employment except as otherwise limited pursuant to articles 
408 and 4 1 of this chapter for licensed master plumber and 
licensed master fire suppression piping contractor licens- 
ees. 

§28-401.18 New York city location required. Except as oth- 
erwise noted for a particular license, the holder of a license, 
other than an employee of a city agency, shall have or be 
employed by a business entity that has an established place of 
business with an address within the city of New York at which 
such person can be contacted by the public and the department 
by mail, telephone or other modes of communication. A post 
office box is not an acceptable address. 

§28-401.19 Suspension or revocation of license or certifi- 
cate of competence. The commissioner shall have the power to 
suspend or revoke a license or certificate of competence and/or 
to impose a fine not to exceed twenty-five thousand dollars for 
each finding of violation, and/or to order any holder thereof to 
repair damage resulting from any act or omission as set forth in 
this chapter or in rules, for any of the following: 

1 . Fraud or deceit in obtaining or renewing a license, plate 
or seal, certificate of competence, certification, regis- 
tration, or permit; 

2. The making of a material false or misleading statement 
on any form or report filed with the department or other 
governmental entity; 

3. The failure to file a statement, report or form required 
by law to be filed; 



4. Willfully impeding or obstructing the filing of a state- 
ment, report or form of another required by law to be 
filed; 

5. Fraudulent dealings; 

6. Negligence, incompetence, lack of knowledge, or dis- 
regard of this code and related laws and rules; 

7. Failure to comply with this code or any order, rule, or 
requirement lawfully made by the commissioner 
including failure to cooperate with investigations 
related to the trade for which the individual is licensed 
conducted by the commissioner or other government 
entity; 

8. Failure to comply with any order, rule, regulation or 
requirement lawfully made by the commissioner of 
environmental protection or commissioner of transpor- 
tation pertaining to water services, house connections 
street openings, street/lane closures or sidewalk clo- 
sures that relate to requirements of this code; 

9. A practice or pattern of failing timely to perform or 
complete contracts relating to home improvements as 
defined by section 20-386 of the administrative code or 
a practice of abandoning contracts on residential build- 
ings containing four dwelling units or less; 

10. Failure to provide documents, including payroll 
records, workers compensation or other insurance doc- 
uments, employee timekeeping records and corporate 
tax returns, required by the commissioner; 

1 1 . Engaging or assisting in any act that endangers the pub- 
lic safety and welfare; 

12. Conviction of a criminal offense where the underlying 
act arises out of the individual's professional dealings 
with the city or any other governmental entity; 

13. Poor moral character that adversely reflects on his or 
her fitness to conduct work regulated by this code; or 

14. Failure to pay outstanding fines, penalties, or fees 
related to the individual's professional dealings with 
the city or any other governmental entity. 

15. With respect to general contractor registration, upon a 
finding that the applicant or registrant or a business 
entity in which one of the applicant's or registrant's 
principals, officers or directors is a principal, officer or 
director has engaged in any of the acts set forth in items 
1 through 14 or any of the following: 

15.1 . Fraud, misrepresentation or bribery in securing 
a sign-off of work or a temporary or permanent 
certificate of occupancy. 

15.2. A practice on the part of the registrant of failure 
to timely perform or complete its contracts for 
the construction of new residential structures 
containing no more than three dwelling units, 
or the manipulation of assets or accounts, or 
fraud or bad faith. 

15.3. Approval or knowledge on the part of the regis- 
trant of an act of omission, fraud, or misrepre- 
sentation committed by one or more agents or 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



employees of the registrant, and failure 
report such act to the department. 



to 



1 5.4. The applicant or registrant, or any of its princi- 
pals, officers or directors, or any of its stock- 
holders owning more than ten percent of the 
outstanding stock of the corporation has been 
convicted of a crime which, in accordance with 
article twenty-three-a of the correction law, is 
determined to have a direct relationship to such 
person's fitness or ability to perform any of the 
activities for which a registration is required 
under this article. 

15.5. The applicant or registrant, or any of its princi- 
pals, officers or directors has been or is a princi- 
pal, officer or director of a registered general 
contractor whose registration has been 
revoked. 

28-401.19.1 Notice and hearing. The commissioner shall 
not revoke or suspend a license or certificate of competence 
for any cause or impose any other sanction on a licensee 
unless and until the holder has been given at least five calen- 
dar days prior written notice and an opportunity to be heard. 
However, when the public safety may be imminently jeop- 
ardized the commissioner shall have the power, pending a 
hearing and determination of charges, to forthwith suspend 
any license for a period not exceeding five working days. 

§28-401.19.2 Surrender of plate or seal. Upon surrender, 
suspension or revocation of a license for which the depart- 
ment has also issued a plate or seal, the license and such 
plate and/or seal shall be immediately surrendered to the 
department. 

§28-401.19.3 Reinstatement fees. The fees required for the 
reinstatement of a certificate of competence or license, plate 
or seal after suspension shall be the same as those required 
to obtain an original document. If reinstatement of the cer- 
tificate of competence, license, plate or seal is not requested 
within 30 days of the lifting of the suspension, then late fees 
shall be imposed in accordance with article 1 19 of chapter 1 
of this title. 

§28-401.19.4 Mandatory suspension or revocation. The 

commissioner shall immediately suspend or revoke a 
license issued pursuant to this code as set forth below. Noth- 
ing in the following sections shall be construed to limit the 
commissioner's power to revoke or suspend licenses in 
other circumstances. 

§28-401.19.4.1 Rigger license. Any licensed rigger who 
has been found guilty after proceedings before the envi- 
ronmental control board or other adjudicative proceed- 
ings of violating section 28-404.1 or 28-404.9 of the 
administrative code or section 3314.10 of the New York 
city building code, or of failing to insure that workers 
have certificates of fitness required pursuant to this code 
or applicable rule three times within any six-month 
period, shall be subject to immediate suspension of his ot- 
her license pending a hearing and determination in 
accordance with the provisions of this code. 



§28-401.19.4.2 General contractor registration. Any 

registered general contractor who has defaulted at or 
been found liable after proceedings before the environ- 
mental control board or in an adjudication in criminal 
court of violations of any provisions of this code relating 
to a stop work order, public health or safety, structural 
integrity, building in compliance with approved con- 
struction documents or fire safety three times within any 
twenty-four- month period shall be subject to immediate 
suspension of his or her registration, pending a hearing 
and determination at OATH. 

§28-401.20 Cooperation required. Any person, including 
any corporation, partnership, business or other entity, issued a 
license or certificate of competence by the department shall, 
pursuant to a request or order of the commissioner or any other 
city agency or office, cooperate fully and completely with 
respect to any department or city agency or office investigation. 
Evidence of cooperation shall include, but is not limited to, 
appearing before the department or other city agency or office, 
answering questions completely and accurately, and providing 
any and all requested documents. Failure to comply with such 
request or order may subject such person to disciplinary mea- 
sures authorized by law, including but not limited to suspension 
or revocation of the license or certificate of competence. 

§28-401.20.1 Service of request or order. Such request or 
order by the commissioner or other city agency or office 
shall be mailed by regular mail to the person named therein 
to his or her last known business or home address at least ten 
days before such appearance and shall contain the name of 
the person, date, time and place of such appearance and, if 
known or applicable, a description of any requested docu- 
ments. If the appearance or information is required immedi- 
ately, the request or order may be transmitted via facsimile 
or delivered to the person's last known business or home 
address prior to the date and time specified therein. 

§28-401.21 Judicial review of determinations. Notwith- 
standing any other provision of law to the contrary, decisions, 
orders and interpretations of the commissioner made pursuant 
to this chapter shall not be subject to review by the board of 
standards and appeals. Final decisions and orders of the com- 
missioner made pursuant to this chapter shall be subject to 
review pursuant to article 78 of the civil practice law and rules. 



ARTICLE 402 
SITE SAFETY MANAGER CERTIFICATE 

§28-402.1 Certificate required. It shall be unlawful to per- 
form the duties and responsibilities of a site safety manager as 
specified in chapter 33 of the New York city building code 
unless such work is performed by a person certified as a site 
safety manager under the provisions of this article. 

§28-402.2 Qualifications. All applicants for a site safety man- 
ager certificate shall submit satisfactory proof establishing that 
the applicant: 

1. Is a registered design professional and has had three 
years of experience supervising major buildings as that 
term is defined in chapter 33, and within one year prior to 



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application has satisfactorily completed a 8-hour course 
approved by the department; 

2. Has eight years of construction supervision experience 
within the 10 years prior to application, including five 
years supervising major buildings as that term is defined 
in chapter 33, and within one year prior to application has 
satisfactorily completed a 40-hour course approved by 
the department; 

3 . Has completed an 1 8 month on-the-job training program 
working on major buildings as that term is defined in 
chapter 33 under the direct and continuing supervision of 
a certified site safety manager. Such on-the-job training 
program shall conform to rules promulgated by the 
department. The supervising site safety manager shall 
certify the trainee's satisfactory completion of the train- 
ing program. In addition, the applicant shall provide 
proof that, within one year prior to the date of applica- 
tion, he or she has satisfactorily completed a 40-hour 
course approved by the department; 

4. Has equivalent education and construction experience as 
determined by the department and within one year prior 
to application has satisfactorily completed a 40-hour 
course approved by the department; or 

5. Has three years of experience as a certified site safety 
coordinator and within one year prior to application has 
satisfactorily completed a 40-hour course approved by 
the department. 



ARTICLE 403 
SITE SAFETY COORDINATOR CERTIFICATE 

§28-403.1 Certificate required. It shall be unlawful to per- 
form the duties and responsibilities of a site safety coordinator 
as specified in chapter 33 of the New York city building code 
unless such work is performed by a person certified as a site 
safety coordinator under the provisions of this article. 

§28-403.2 Qualifications. All applicants for a site safety coor- 
dinator certificate shall submit satisfactory proof establishing 
that the applicant: 

1 . Is a registered design professional and has had two years 
of experience supervising major buildings as that term is 
defined in chapter 33, and within one year prior to appli- 
cation has satisfactorily completed an 8-hour course 
approved by the department; 

2. Has five years of construction supervision or construc- 
tion safety experience within the 10 years prior to appli- 
cation, including three years supervising major buildings 
as that term is defined in chapter 33, and within one year 
prior to application has satisfactorily completed an 
8-hour course approved by the department; or 

3. Has equivalent education and construction experience as 
determined by the department and within one year prior 
to application has satisfactorily completed a 40-hour 
course approved by the department. 



ARTICLE 404 
RIGGER LICENSE 

§28-404.1 Rigger license required. It shall be unlawful to 
hoist or lower any article on the outside of any building in the 
city unless such work is performed by or under the direct and 
continuing supervision of a person licensed as a rigger under 
the provisions of this article. The provisions of this article shall 
apply to the erection or dismantling of a tower crane or a 
climber crane on a building and to the use of a derrick in their 
removal, except that such erection or dismantling may be per- 
formed by or under the direct and continuing supervision of a 
licensed climber or tower crane rigger in accordance with rules 
promulgated by the department. 

Exception: The provisions of this article shall not apply to 
the hoisting or lowering of signs if the person so doing pos- 
sesses a license as a sign hanger, as provided in this chapter, 
or to the loading or unloading of any building materials or 
equipment, other than boilers and tanks, from a delivery 
truck. 

§28-404.2 Classification. Such licenses shall be classified as 

follows: 

1. Master rigger license. Authorizes the holder thereof to 
hoist or lower any article, irrespective of weight, on the 
outside of any building. 

2. Special rigger license. Authorizes the holder thereof to 
hoist or lower any article not exceeding 2,000 pounds 
(907 kg) in weight on the outside of any building. 

3. Climber or tower crane rigger license. Authorizes the 
holder thereof to erect or dismantle a tower crane or a 
climber crane on a building and to use a derrick in their 
removal. 

§28-404.3 Additional qualifications. Applicants for a rigger 
license shall have the additional qualifications as set forth in 
sections 28-404.3.1 through 28-404.3.3. 

§28-404.3.1 Master rigger qualifications. All applicants 
for a master rigger license shall submit satisfactory proof 
establishing that the applicant: 

1. Has had at least five years of practical experience in 
the hoisting and rigging business within the seven 
years prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith, safe loads and computation 
thereof, types of rigging, size and strength of ropes, 
cables, blocks, poles, derricks, sheerlegs and other 
tools used in connection with such business. 

§28-404.3.2 Special rigger qualifications. All applicants 
for a special rigger license shall submit satisfactory proof 
establishing that the applicant: 

1 . Has had at least one year of practical experience in the 
hoisting and rigging business within the three years 
prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith. 



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§28-404.3.3 Climber or tower crane rigger qualifica- 
tions. All applicants for a climber or tower crane rigger 
license shall submit satisfactory proof establishing that the 
applicant: 

1 . Has had at least five years of practical experience in 
the climber or tower crane rigging business within the 
seven years prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith, including connecting pins, 
cables, anchorage, platform or pad, plumb of mast, 
torque of bolts, supervision of rigging and hoisting of 
loads, placement of components, and coordination of 
sequencing. 

§28-404.4 Additional requirements. The additional require- 
ments set forth in sections 28-404.4.1 through 28-404.4.3 shall 
apply to riggers: 

§28-404.4.1 Danger warning. Every licensed master or 
special rigger shall, while rigging operations are in progress 
at a job site, place, conspicuously, at such job site two plates 
or signs not less than 18 inches (457 mm) by 24 inches (610 
mm) in size (i) displaying the word "danger" in letters not 
less than 6 inches (152 mm) high, and (ii) disclosing the rig- 
ger's name, business address, type of rigger license and 
license number. 

§28-404.4.2 Master rigger place of business. Every 
licensed master rigger shall have a place of business within 
the city and shall display prominently at such place of busi- 
ness a plate or sign marked with the words "master rigger*' 
and his or her license number immediately thereunder. 

§28-404.4.3 Fitness to perform work. As a condition of 
license renewal, a licensed master or special rigger shall 
provide evidence satisfactory to the department that such 
licensee is fit to perform the work. 



ARTICLE 405 
HOISTING MACHINE OPERATOR LICENSE 

§28-405.1 Hoisting machine operator license required. It 

shall be unlawful for any persons to take charge of or operate 
any power- operated hoisting machine used for hoisting pur- 
poses or cableways under the jurisdiction of the department, 
except power-operated scaffolds and window-washing 
machines, unless such person is licensed under the provisions 
of this article or is a holder of a certificate of qualification as a 
hoisting machine operator issued prior to December 6, 1968 
and not allowed to lapse. 

Exceptions: 

1 . The commissioner may, by rule, exempt operators of 
mobile cranes of limited size and capacity from the 
requirements of this article. 

2. The provisions of this article shall not apply to 
machines under one ton capacity. 



§28-405.2 Classification. Hoisting machine operator licenses 
shall be classified as follows: 

1. Class A license: Basic license to operate cranes with 
total boom less that 200 feet (60 960 mm) in length, der- 
ricks and cableways, excluding truck-mounted tower 
cranes that exceed 200 feet (60 960 mm) in height. 

2. Class B license: Endorsement on basic license to include 
the operation of hoisting machinery without limitation or 
restriction. 

3. Class C license: Special hoisting machine operator 
license to operate a specified class of hoisting machine of 
limited size and capacity as follows: 

Class CI: License to operate wheel mounted cranes 
(single control station) with telescoping, hydraulic or 
folding booms, including jibs and any other exten- 
sions to the boom, not exceeding 200 feet in length 
(60 960 mm) with a manufacturer's rated capacity of 
50 tons (51 t) or less; 

Class C2: License to operate boom trucks with tele- 
scoping, hydraulic or folding booms, including jibs 
and any other extensions to the boom, not exceeding 
200 feet (60 960 mm) in length with a manufacturer's 
rated capacity of 50 tons (51 t) or less; 

Class C3: License to operate boom trucks with tele- 
scoping, hydraulic or folding booms, including jibs 
and any other extensions to the boom, not exceeding 
135 feet (41 148 mm) in length with a manufacturer's 
rated capacity of three tons or less, used exclusively 
for the erection, maintenance or removal of signs. 

§28-405.3 Additional qualifications. Applicants for a hoist- 
ing machine operator license shall have the following addi- 
tional qualifications. 

§28-405.3.1 Class A license. All applicants for a class A 
basic hoisting machine operator license shall have had at 
least three years experience within the five years prior to 
application under the direct and continuing supervision of a 
licensed hoisting machine operator. 

§28-405.3.2 Class B license. All applicants for a class B 
hoisting machine operator license shall hold a class A basic 
hoisting machine operator license, and shall have had at 
least two years experience prior to application under the 
direct and continuing supervision of a Class B licensed 
hoisting machine operator operating the equipment for 
which they are applying for endorsement and shall satisfac- 
torily demonstrate by operation that they are competent to 
operate a crane with a boom, including jibs and other exten- 
sions, exceeding 200 feet (60 960 mm) in length or 
truck-mounted tower crane exceeding 200 feet (60 960 mm) 
in height, or as otherwise provided in rules of the depart- 
ment. 

§28-405.3.3 Class C license. All applicants for a class C 
special hoisting machine operator license shall have had at 
least two years experience within the three years prior to 
application under the direct and continuing supervision of a 



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licensed hoisting machine operator and have satisfactorily 
passed a practical examination in the operation of equip- 
ment for which such license is to be issued. 

§28-405.4 Fitness to perform work. As a condition of license 
renewal, a licensed hoisting machine operator shall provide 
evidence satisfactory to the department that he or she is fit to 
perform the work. 

§28-405.5 Insurance exemption. Unless otherwise required 
by rule, licensed hoisting machine operators are exempt from 
the insurance requirements of section 28-401.9. 



ARTICLE 406 
CONCRETE TESTING LABORATORY LICENSE 

§28-406.1 Concrete testing laboratory license required. 

Testing of concrete required by this code or other applicable 
laws or rules shall be conducted by a concrete testing labora- 
tory licensed in accordance with this article. 

§28-406.2 Qualifications. All applicants for a concrete testing 
laboratory license shall maintain a laboratory within 50 miles 
(80 467 m) of the city and shall submit satisfactory proof estab- 
lishing that the business is conducted by qualified personnel in 
accordance with procedures, safety requirements and profes- 
sional standards as set forth in rules of the department. The 
department shall inspect an applicant's place of business and 
equipment and conduct an investigation of applicant's person- 
nel in a manner to be set forth in department rules prior to the 
issuance or renewal of a license. 

§28-406.3 Additional requirements. The following addi- 
tional requirements shall apply to concrete testing laboratories: 

§28-406.3.1 Director. Each laboratory shall have in respon- 
sible charge a director who shall be a registered design pro- 
fessional and who shall personally supervise all technical 
functions of the laboratory relating to testing of concrete 
and concrete materials as required in this code and in rules 
of the department. 

§28-406.3.2 Certification of reports by director. The 

director shall certify the truth and accuracy of all reports 
filed by the laboratory under the provisions of this code or 
other applicable laws and rules. 

§28-406.4 No examination required. An examination shall 
not be required for a concrete testing laboratory license. 



ARTICLE 407 
WELDER LICENSE 

§28-407.1 Welder license required. It shall be unlawful to 
perform manual welding work on any structural member of any 
building in the city unless such work is performed by a person 
licensed as a welder under the provisions of this article. 

§28-407.2 Qualifications. All applicants for a welder license 
shall submit satisfactory proof of the applicant's fitness to 
make structural welds, including his or her ability to pass oper- 
ator qualification tests as determined by the commissioner. 



§28-407.3 Fitness to perform work. As a condition of license 
renewal, a licensed welder shall provide evidence satisfactory 
to the department that such licensee is fit to perform the work. 

§28-407.4 Insurance exemption. Unless otherwise required 
by rule, licensed welders are exempt from the insurance 
requirements of section 28-401.9. 



ARTICLE 408 
MASTER PLUMBER LICENSE 

§28-408.1 Master plumber license required. It shall be 
unlawful for any person: 

1. To perform plumbing work unless such person is a 
licensed master plumber or working under the direct and 
continuing supervision of a licensed master plumber 
except that a city employee who holds a master plumber 
license may only perform replacement, maintenance and 
repair plumbing work on existing buildings in the course 
of his or her employment. 

2. To use the title licensed master plumber, master plumber 
or any other title in such manner as to convey the impres- 
sion that such person is a licensed master plumber unless 
such person is licensed as such in accordance with the 
provisions of this article. 

§28-408.2 Seal. All documents that are required to be filed 
with any department or agency of the city of New York shall 
bear the stamp of the seal as well as the signature of the 
licensee. The licensed master plumber performing the work 
and services shall personally sign and seal all applications and 
other documents required to be filed pursuant to this code. 

§28-408.3 Additional qualifications. Applicants for a master 
plumber license shall have the following additional qualifica- 
tions: 

§28-408.3.1 Experience. All applicants for a master 
plumber license shall submit satisfactory proof establishing 
that the applicant: 

1. Has had at least seven years total experience within 
the 10 years prior to application in the design and 
installation of plumbing systems under the direct and 
continuing supervision of a licensed master plumber 
in the United States, with at least two years of such 
experience as a registered journeyman plumber in 
accordance with the provisions of article 409, except 
that during the three years immediately following the 
effective date of this code there shall be no require- 
ment for such registered journeyman plumber experi- 
ence; 

2. Has received a bachelor's degree in engineering or 
appropriate engineering technology from an accred- 
ited college or university and has had at least five 
years total experience within the seven years prior to 
application in the design and installation of plumbing 
systems under the direct and continuing supervision 
of a licensed master plumber in the United States, 
where at least two years of such experience were in 
New York city; 



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3. Is an architect or engineer with at least three years of 
experience within the five years prior to application in 
the design and installation of plumbing systems under 
the direct and continuing supervision of a licensed 
master plumber in the United States, where at least 
one year of such experience was in New York city; or 

4. Has had at least seven years total experience within 
the 10 years prior to application, with at least two 
years of such experience working in the design and 
installation of plumbing systems under the direct and 
continuing supervision of a licensed master plumber 
in the United States. The balance of such required 
experience may be obtained by performing mainte- 
nance, replacement and repair plumbing work on 
existing buildings while in the employ of a city 
agency under the direct and continuing supervision of 
a licensed master plumber supervisor employed by 
the city agency. Three years after the effective date of 
this code the two years experience in the design and 
installation of plumbing systems set forth above may 
only be satisfied by working as a registered journey- 
man plumber. 

5. An employee of a government agency, private 
inspection agency or other entity, acceptable to the 
commissioner, whose duties primarily involve the 
inspection of plumbing work for compliance with the 
New York city plumbing code and/or other laws relat- 
ing to the installation, alteration or repair of plumbing 
systems shall be credited with fifty percent (50%) of 
the number of years that he or she has been satisfacto- 
rily employed in such duties within the ten (10) year 
period prior to application, which, however, in no 
event, shall exceed two and one-half (2V 2 ) years 
credit of satisfactory experience. The balance of the 
required seven years must have been obtained by 
working in the design and installation of plumbing 
systems under the direct and continuing supervision 
of a licensed master plumber in the United States 
except that the requirement of paragraph 1 of this sec- 
tion 28-408.3.1 that an applicant's working experi- 
ence must have been within the ten (10) year period 
prior to application shall not apply to such balance of 
the work experience required pursuant to this para- 
graph. 

§28-408.3.2 Armed services. Applicants who were 
engaged in plumbing work as above provided prior to enter- 
ing the armed services of the United States shall be permit- 
ted to credit their time in the service as experience in the 
plumbing business, as above provided; but such service 
credit shall not exceed one-third of the time required for 
experience. 

§28-408.4 Certificate of competence and license, plate 
and/or seal. The commissioner shall issue a certificate of com- 
petence, license, plate, and/or seal, in accordance with the fol- 
lowing: 

§28-408.4.1 Certificate of competence. A certificate of 
competence shall be issued by the commissioner to an appli- 
cant who satisfactorily complies with the experience and 



examination requirements of this chapter for a license, upon 
payment of the fee. Such certificate shall contain the full 
name of the individual and a certificate number, the date of 
issuance, and shall be signed by the commissioner. 

§28-408.4.2 Effect of issuance. The issuance of a certifi- 
cate of competence shall constitute evidence that the person 
named therein is qualified upon payment of applicable fees 
to obtain a plate and seal while the certificate is valid except 
that a city employee while in the employ of the city shall 
only be entitled to obtain a seal. 

§28-408.4.3 Plate and/or seal required. The holder of a 
certificate shall not be entitled to perform work or hold him- 
self or herself out to perform work as a licensed master 
plumber until such plate and/or seal have been obtained. 
Further, no holder of a certificate of competence shall enter 
into any contractual agreement to install or alter any plumb- 
ing, gas piping, or any piping system, other than an employ- 
ment agreement with a master plumber business or a city 
agency. 

§28-408.4.4 Effect of failure to obtain plate and/or seal. 

If a holder of a certificate of competence has held the certifi- 
cate for five years without a plate and/or seal, then the com- 
missioner may require said person to submit an affidavit and 
supporting documentation satisfactory to the department 
stating that over the five-year period the individual has been 
engaged in the design and installation of plumbing systems 
in the United States under the direct and continuing supervi- 
sion of a licensed master plumber. If the holder's qualifica- 
tions are not satisfactory to the commissioner, the 
commissioner may require such person to submit to reex- 
amination or to provide evidence of retained proficiency. In 
addition, additional fees will be due as set forth in this chap- 
ter. 

§28-408.4.5 Requirement for obtaining plate and /or 
seal. A holder of a certificate of competence shall obtain: 

1. A license, plate and seal upon establishing a master 
plumbing business conforming to the requirements of 
this article and rules promulgated by the department; 
or 

2. A license and seal upon demonstrating employment 
with a city agency. The license shall clearly state: 
'The bearer of this master plumber license is a gov- 
ernment employee and as such is not authorized to 
engage in plumbing contract work outside of his/her 
government employment and within such govern- 
ment employment shall only engage in maintenance, 
replacement and repair plumbing work on existing 
buildings." No plate shall be issued to a licensed mas- 
ter plumber employed by a city agency. 

§28-408.4.6 Issuance. A certificate of competence or a 
license, plate, and/or seal as a master plumber shall be 
issued only to an individual. 

§28-408.4.7 Duplication prohibited. Not more than one 
license, plate and/or seal shall be issued to an individual and 
no individual shall make or cause to be made a duplicate of 
such license, plate or seal. 



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§28-408.5 Surrender of license, plate or seal. Upon the death 
or the retirement of a licensed master plumber, or upon the sur- 
render, revocation or suspension of his or her license, his or her 
license, plate and/or seal shall immediately be surrendered to 
the commissioner. Nothing contained herein shall be construed 
to prevent the legal representative of a deceased licensee, with 
the consent of the commissioner, from retaining such plate and 
seal for the purpose of completing all unfinished work of the 
deceased licensee for which plans have been approved and a 
permit issued, provided such work is performed by or under the 
direct and continuing supervision of a licensed master plumber 
and is completed within one year from the date of the death of 
the original licensee. 

§28-408.6 Master plumber business. No individual, corpora- 
tion, partnership or other business association shall conduct a 
plumbing contracting business in the city of New York, or 
employ the name "plumber" or "plumbing" in its business 
name unless such business is a master plumber business as fol- 
lows: 

1 . No less than 5 1 percent of the control and voting capital 
stock of such entity is owned by one or more individuals 
who are licensed master plumbers, except as otherwise 
provided; 

2. All plumbing or gas piping work performed by such 
entity is performed by or under the direct and continuing 
supervision of such licensed master plumber; 

3. The person in charge of such work is such licensed mas- 
ter plumber; and 

4. The persons actually performing such work are in the 
direct employ of such master plumber business as autho- 
rized by the code. 

Exception: A company, corporation, partnership or 
other business association or its predecessor that was 
engaged in plumbing work prior to January 25, 1990 
may continue to do so in any one or more of such busi- 
ness forms without complying with the foregoing, if 
(i) application was made to the department prior to 
July 25, 1990, and (ii) necessary evidence was fur- 
nished on or prior to January 25, 199 1 , that such com- 
pany, corporation, partnership or other business 
association or its predecessor had employed an aver- 
age of ten or more journeymen plumbers doing 
plumbing work for at least five days a week for a 
period of 10 years or more out of the twenty years pre- 
ceding July 25, 1990, provided, that such plumbing 
business continues to have all plumbing work con- 
ducted under the management and direct and continu- 
ing supervision of a licensed master plumber in the 
direct employ of such plumbing business and that 
such licensed master plumber is not otherwise inter- 
ested in, associated with or employed by any other 
plumbing business operating in this city except as a 
joint venture in which such master plumber's 
employer is one of the joint venturers. 

§28-408.6.1 Use. Nothing herein contained shall be con- 
strued to prohibit the use of a master plumber license by the 
holder thereof for or on behalf of a partnership, corporation 
or other business association provided that such partner- 



ship, corporation or other business is a master plumber 
business. 

§28-408.6.2 Identification. All business vehicles, advertis- 
ing, websites and stationery used in connection with a mas- 
ter plumber business shall display prominently the full 
name of the licensee, the words "N.Y.C. licensed plumber," 
the licensee's number and the licensee's business address. If 
the business is conducted under a trade name, or by a part- 
nership or corporation, the trade name, partnership or cor- 
porate name shall be placed immediately above the full 
name or names of the licensed master plumber or licensed 
master plumbers to whom the plates were issued. 

§28-408.6.3 Withdrawal of license. If a licensed master 
plumber withdraws from a master plumbing business oper- 
ating pursuant to such individual's license, the right of the 
business to perform plumbing work shall lapse if the provi- 
sions of this section 28-408.6 are no longer satisfied. If a 
licensed master plumber's license is revoked or suspended, 
such licensee will be deemed withdrawn from such busi- 
ness. 

§28-408.6.4 Ownership limitations. An individual who is 
a licensed master plumber whose interest or ownership in a 
master plumber business constitutes any portion of the 51 
percent interest or control required by this section 28-408.6 
shall be prohibited from possessing an interest or ownership 
in more than one other master plumber business at his or her 
established place of business, where such interest or owner- 
ship would constitute any portion of the 5 1 percent interest 
or control required by this section 28-408.6. Both master 
plumber businesses in which the individual who is a 
licensed master plumber has an interest shall be located at 
the same place of business. For the purposes of this section 
28-408.6, where two or more individuals who are licensed 
master plumbers possess an interest or ownership in any 
master plumber business which together represents more 
than 5 1 percent of the interest or control of such entity, all of 
such licensees shall be deemed to possess a portion of the 5 1 
percent interest or control required by this section 28-408.6. 

§28-408.6.5 Joint ventures. Nothing contained in this sec- 
tion 28-408.6 shall be construed to prevent a master 
plumber business from entering into a joint venture of lim- 
ited duration for a particular project with another master 
plumber business. The terms of a joint venture must be in 
writing, and documentation of the joint venture must be 
submitted to the department for approval prior to the initia- 
tion of work under such venture. 

§28-408.6.6 Supervision. The master plumber shall con- 
duct his or her business to provide direct and continuing 
supervision in accordance with the provisions of this code. 

Exception: The provisions of this section 28-408.6.6 
shall not apply to minor alterations or ordinary repairs, as 
defined in this code, or to the installation or alteration of 
gas service piping and gas meter piping, including 
meters, valves, regulators or related equipment, when 
such work is to be performed, serviced and maintained 
by utility corporations subject to the jurisdiction of the 
New York state public service commission. 



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ARTICLE 409 
JOURNEYMAN PLUMBER REGISTRATION 

§28-409.1 Journeyman plumber registration; additional 
qualifications. Upon satisfactory completion of a New York 
State-recognized training program or affirmation of an appli- 
cant's qualifications by an employer licensed master plumber 
or, in the case of a city agency, a supervising licensed master 
plumber and upon written stipulation of same by the applicant, 
the commissioner shall register an applicant as journeyman 
plumber. Such qualifications shall reflect a progressive under- 
standing, proficiency and competence in the plumbing trade, 
including: 

1. A working familiarity with the plumbing code and tech- 
nical standards and the ability to apply the code require- 
ments correctly; 

2. The application of basic plumbing theory and the utiliza- 
tion of trade skills on the job site; 

3. A working knowledge of the tools of the trade and the 
ability to utilize them properly; and 

4. An ability to draft simple diagrams and interpret from 
drawings for the purpose of the plumbing work in which 
the applicant is engaged. 

§28-409.2 Experience. The applicant for journeyman plumber 
registration shall have a minimum of five years of full-time 
experience in the performance of plumbing work under the 
direct and continuing supervision of a licensed master plumber 
or equivalent, where at least one year of such experience shall 
have been in New York city. 

§28-409.3 Registration need not be renewed. The registra- 
tion for journeyman plumber shall have no expiration and shall 
not require renewal or re-issuance. 

§28-409.4 Registration card. The registration card shall 
clearly state: "This registration is NOT A LICENSE, and the 
holder is NOT AUTHORIZED TO PERFORM PLUMBING 
WORK in New York city except under the direct and continu- 
ing supervision of a licensed master plumber." 



ARTICLE 410 

MASTER FIRE SUPPRESSION PIPING 

CONTRACTOR LICENSE 

§28-410.1 Master fire suppression piping contractor 

license required. It shall be unlawful for any person: 

1. To perform fire suppression piping work unless such 
person is a licensed master fire suppression piping con- 
tractor or working under the direct and continuing super- 
vision of a licensed master fire suppression piping 
contractor except that a city employee who holds a 
license may only perform replacement, maintenance and 
repair fire suppression piping work on existing buildings 
in the course of his or her employment. 

2. To use the title licensed master fire suppression piping 
contractor, master fire suppression piping contractor or 
any other title in such manner as to convey the impres- 
sion that such person is a licensed master fire suppres- 



sion piping contractor unless such person is licensed as 
such in accordance with the provisions of this article. 

§28-410.2 Seal. All documents that are required to be filed 
with any department or agency of the city of New York shall 
bear the stamp of the seal as well as the signature of the 
licensee. The licensed master fire suppression piping contrac- 
tor performing the work and services shall personally sign and 
seal all applications and other documents required to be filed 
pursuant to the code. 

§28-410.3 Classification. There shall be three classes of 
licenses for master fire suppression piping contractor: 

1 . Class A. The holder of a class A master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraphs 1 and 2 of the defi- 
nition of fire suppression piping system in section 
28-401.3. 

2. Class B. The holder of a class B master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraph 1 of the definition of 
fire suppression piping system in section 28-401.3. 

3. Class C. The holder of a class C master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraph 2 of the definition of 
fire suppression piping system in section 28-401.3. 

§28-410.4 Additional qualifications. Applicants for a master 
fire suppression piping contractor license shall have the fol- 
lowing additional qualifications: 

§28-410.4.1 Experience. All applicants for a master fire 
suppression piping contractor license shall submit satisfac- 
tory proof establishing that the applicant: 

1 . Has had at least seven years total experience within 
the 10 years prior to application in the design and 
installation of fire suppression piping systems under 
the direct and continuing supervision of a licensed 
master fire suppression piping contractor in the 
United States with the class of license for which appli- 
cation is made, with at least two years of such experi- 
ence as a registered journeyman fire suppression 
piping installer in accordance with the provisions of 
article 411, except that during the three years immedi- 
ately following the effective date of this code there 
shall be no requirement for such registered journey- 
man fire suppression piping installer experience; 

2. Has received a bachelor's degree in engineering or 
appropriate engineering technology from an accred- 
ited college or university and has had at least five 
years total experience within the seven years prior to 
application in the design and installation of fire sup- 
pression piping systems under the direct and continu- 
ing supervision of a licensed master fire suppression 
piping contractor in the United States for the class of 
license for which application is made, at least two of 
which were in New York city; 



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3. Is an architect or engineer with at least three years of 
experience within the five years prior to application in 
the design and installation of fire suppression piping 
systems in the United States for the class of license for 
which application is made, where at least one year of 
such experience was in New York city; or 

4. Has had at least seven years total experience within 
the 10 years prior to application, with at least two 
years of such experience working in the design and 
installation of fire suppression piping systems under 
the direct and continuing supervision of a licensed 
master fire suppression piping contractor in the 
United States with the class of license for which appli- 
cation is made. The balance of such required experi- 
ence may be obtained by performing maintenance, 
replacement and repair of fire suppression piping 
work on existing buildings while in the employ of a 
city agency under the direct and continuing supervi- 
sion of a licensed master fire suppression piping con- 
tractor supervisor employed by the city agency with 
the class of license for which application is made. 
Three years after the effective date of this article the 
two years of experience in the design and installation 
of fire suppression piping systems set forth above 
may only be satisfied by working as a registered jour- 
neyman fire suppression piping installer. 

5. An employee of a government agency, private 
inspection agency or other entity, acceptable to the 
commissioner, whose duties primarily involve the 
inspection of plumbing work for compliance with this 
the New York city plumbing code and/or other laws 
relating to the installation, alteration or repair of fire 
suppression piping systems shall be credited with 
fifty percent (50%) of the number of years that he or 
she has been satisfactorily employed in such duties 
within the ten (10) year period prior to application, 
which, however, in no event, shall exceed two and 
one-half (2Vi) years credit of satisfactory experience. 
The balance of the required seven years must have 
been obtained by working in the design and installa- 
tion of fire suppression piping systems under the 
direct and continuing supervision of a licensed fire 
suppression piping contractor in the United States 
except that the requirement of paragraph 1 of this sec- 
tion 28-410.4.1 that an applicant's working experi- 
ence must have been within the ten (10) year period 
prior to application shall not apply to such balance of 
the work experience required pursuant to this para- 
graph. 

§28-410.4.2 Armed services. Applicants who were 
engaged in fire suppression piping work prior to entering 
the armed services of the United States shall be permitted to 
credit their time in the service as experience in the fire sup- 
pression piping business, as above provided; but such ser- 
vice credit shall not exceed one-third of the time required 
for experience. 

§28-410.5 Certificate of competence and license, plate 
and/or seal. The commissioner shall issue a certificate of com- 



petence, license, plate and/or seal in accordance with the 
following: 

§28-410.5.1 Certificate of competence. A certificate of 
competence shall be issued by the commissioner to an appli- 
cant who satisfactorily complies with the experience and 
examination requirements of this article for a license, upon 
payment of the fee. Such certificate shall contain the full 
name of the individual and a certificate number, and shall be 
signed by the commissioner. 

§28-410.5.2 Effect of issuance. The issuance of a certifi- 
cate of competence shall constitute evidence that the person 
named therein is qualified upon payment of applicable fees 
to obtain a plate and seal while the certificate is valid except 
that a city employee while in the employ of the city shall 
only be entitled to obtain a seal. 

§28-410.5.3 Plate and/or seal required. The holder of a 
certificate of competence shall not be entitled to perform 
work or hold himself or herself out to perform work as a 
licensed master fire suppression piping contractor until such 
plate and/or seal have been obtained. Further, no holder of a 
certificate of competence shall enter into any contractual 
agreement to install or alter any fire suppression piping sys- 
tem other than an employment agreement with a master fire 
suppression piping business or a city agency. 

§28-410.5.4 Failure to obtain plate and/or seal. If a holder 
of a certificate of competence has held the certificate for five 
years without a plate and/or seal, then the commissioner 
may require said person to submit an affidavit and support- 
ing documentation satisfactory to the department stating 
that over the five-year period the individual has been 
engaged in the design and installation of fire suppression 
piping systems in the United States under the direct and con- 
tinuing supervision of a licensed master fire suppression 
piping contractor. If the holder's qualifications are not satis- 
factory to the commissioner, the commissioner may require 
such person to submit to reexamination or to provide evi- 
dence of retained proficiency. In addition, additional fees 
will be due as set forth in this chapter. 

§28-410.5.5 License plate and/or seal. A holder of a certif- 
icate of competence or an applicant who has satisfied all 
requirements for a master fire suppression piping contractor 
license shall obtain: 

1 . A license, plate and seal upon establishing a fire sup- 
pression piping contracting business conforming to 
the requirements of this article and any rules promul- 
gated by the department; or 

2. A license and seal upon demonstrating employment 
with a city agency. The license shall clearly state: 
"The bearer of this master fire suppression piping 
contractor license is a government employee and as 
such is not authorized to engage in fire suppression 
piping contract work outside of his/her government 
employment and within such government employ- 
ment shall only engage in maintenance, replacement 
and repair fire suppression piping work on existing 
buildings." No plate shall be issued to a licensed mas- 



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ter fire suppression piping contractor employed by a 
city agency. 

§28-410.5.6 Issuance. A certificate of competence or a 
license, plate and/or seal as a master fire suppression piping 
contractor shall be issued only to an individual. 

§28-410.5.7 Duplication prohibited. Not more than one 
license, plate and/or seal shall be issued to an individual, and 
no individual shall make or cause to be made a duplicate of 
such license, plate or seal. 

§28-410.6 Waiver of examinations. Any license issued with- 
out examination pursuant to an application filed prior to July 
25, 1990 pursuant to the provisions of law in effect prior to the 
effective date of this code that has not lapsed as of the effective 
date of this code, shall be renewable pursuant to the provisions 
of this code. 

§28-410.7 Surrender of license, plate and/or seal. Upon the 
death or the retirement of a licensed master fire suppression 
piping contractor, or upon the surrender, revocation or suspen- 
sion of his or her license, his or her license, plate and seal shall 
immediately be surrendered to the commissioner. Nothing 
contained herein shall be construed to prevent the legal repre- 
sentative of a deceased licensee, with the consent of the com- 
missioner, from retaining such plate and seal for the purpose of 
completing all unfinished work of such deceased licensee for 
which plans have been approved and a permit issued, provided 
such work is performed by or under the direct and continuing 
supervision of a licensed master fire suppression piping con- 
tractor and is completed within one year from the date of the 
death of the original licensee. 

§28-410.8 Master fire suppression piping contractor busi- 
ness required. No individual, corporation, partnership or other 
business association shall conduct a fire suppression piping 
contracting business in the city of New York, or employ the 
name "fire suppression piping" in its business name, unless the 
business is a master fire suppression business as follows: 

1. No less than 51 percent of the control and voting capital 
stock of such entity is owned by one or more individuals 
who are licensed master fire suppression piping contrac- 
tors, except as otherwise provided; and 

2. All fire suppression piping work performed by such 
entity is performed by or under the direct and continuing 
supervision of such licensed master fire suppression pip- 
ing contractor; 

3. The person in charge of such work is such licensed mas- 
ter fire suppression piping contractor; and 

4. The persons actually performing such work are in the 
direct employ of such master fire suppression piping 
contractor business as authorized by the code. 

Exception: A company, corporation, partnership or 
other business association or its predecessor that was 
engaged in fire suppression piping contractor work 
prior to January 25, 1990 may continue to do so in any 
one or more of such business forms without comply- 
ing with the foregoing, if (i) application was made to 
the department prior to July 25, 1 990, and (ii) neces- 
sary evidence was furnished on or prior to January 25, 



1991, that such company, corporation, partnership or 
other business association or its predecessor had 
employed an average of 1 or more journeymen doing 
fire suppression piping contractor work for at least 
five days a week for a period of ten years or more out 
of the 20 years preceding July 25, 1990, provided, that 
such business continues to have all fire suppression 
piping contractor work conducted under the manage- 
ment and direct and continuing supervision of a 
licensed master fire suppression contractor in the 
direct employ of such business and that such licensed 
master fire suppression contractor is not otherwise 
interested in, associated with or employed by any 
other licensed master fire suppression contracting 
business operating in this city except as a joint venture 
in which such licensed master fire suppression con- 
tractor's employer is one of the joint venturers. 

§28-410.8.1 Use. Nothing herein contained shall be con- 
strued to prohibit the use of a master fire suppression piping 
contractor license by the holder thereof for or on behalf of a 
partnership, corporation or other business association pro- 
vided that such partnership, corporation or other business is 
a master fire suppression piping contractor business. 

§28-410.8.2 Identification. All business vehicles, advertis- 
ing, websites and stationery used in connection with a mas- 
ter fire suppression piping contractor business shall display 
prominently the full name of the licensee, the words 
"N. Y.C. licensed fire suppression piping contractor - class 
A, B or C " the licensee's number and the licensee's business 
address. If the business is conducted under a trade name, or 
by a partnership or corporation, the trade name, partnership 
or corporate name shall be placed immediately above the 
full name or names of the licensed master fire suppression 
piping contractor or licensed master fire suppression piping 
contractors to whom the plates were issued. 

§28-410.8.3 Withdrawal of licensee. If a licensed master 
fire suppression piping contractor withdraws from a master 
fire suppression piping contractor business operating pursu- 
ant to such individual's license, the right of the business to 
perform fire suppression piping work shall lapse if the pro- 
visions of this article are no longer satisfied. If a licensed 
master fire suppression piping contractor's license is 
revoked or suspended, such licensee will be deemed with- 
drawn from such business. 

§28-410.8.4 Ownership limitations. An individual who is 
a licensed master fire suppression piping contractor whose 
interest or ownership in a master fire suppression piping 
contractor business constitutes any portion of the 5 1 percent 
interest or control required by this section 28-410.8 shall be 
prohibited from possessing an interest or ownership in more 
than one other fire suppression piping contractor business at 
his or her established place of business where such interest 
or ownership would constitute any portion of the 51 percent 
interest or control required by this section 28-410.8. Both 
fire suppression piping contractor businesses in which the 
individual who is a licensed master fire suppression piping 
contractor has an interest shall be located at the same place 
of business. For the purposes of this section 28-410.8, 
where two or more individuals who are licensed master fire 



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suppression piping contractors possess an interest or owner- 
ship in any master fire suppression piping contractor busi- 
ness which together represents more than fifty-one percent 
of the interest or control of such entity, all of such licensees 
shall be deemed to possess a portion of the 5 1 percent inter- 
est or control required by this section 28-410.8. 

§28-410.8.5 Joint ventures. Nothing contained in this sec- 
tion 28-410.8 shall be construed to prevent a master fire sup- 
pression piping contractor business from entering into a 
joint venture of limited duration for a particular project with 
another master fire suppression piping contractor business. 
The terms of a joint venture must be in writing, and docu- 
mentation of the joint venture must be submitted to the 
department for approval prior to the initiation of work under 
such venture. 

§28-410.8.6 Supervision. The master fire suppression pip- 
ing contractor shall conduct his or her business to provide 
direct and continuing supervision in accordance with the 
provisions of this article. 

Exception: The provisions of this section 28-410.8.6 
shall not apply to minor alterations or ordinary repairs, as 
defined in this code, and/or to maintenance of a fire sup- 
pression piping system. 



ARTICLE 411 

JOURNEYMAN FIRE SUPPRESSION PIPING 

INSTALLER REGISTRATION 

§28-411.1 Journeyman fire suppression piping installer 
registration; additional qualifications. Upon satisfactory 
completion of a New York state-recognized training program 
or affirmation of an applicant's qualifications by an employer 
licensed master fire suppression piping contractor or, in the 
case of a city agency, a supervising licensed master fire sup- 
pression piping contractor and upon written stipulation of same 
by the applicant, the commissioner shall register an applicant 
as journeyman fire suppression piping installer. Such qualifica- 
tions shall reflect a progressive understanding, proficiency and 
competence in the fire suppression piping trade, including: 

1. A working familiarity with the code and technical stan- 
dards with regard to fire suppression piping, and the abil- 
ity to apply the code requirements correctly; 

2. The application of basic fire suppression theory and the 
utilization of trade skills on the job site; 

3. A working knowledge of the tools of the trade and the 
ability to utilize them properly; and 

4. An ability to draft simple diagrams and interpret from 
drawings for the purpose of the fire suppression piping 
work in which the applicant is engaged. 

§28-411.2 Experience. The applicant for journeyman fire sup- 
pression piping installer registration shall have a minimum of 
five years of full-time experience in the performance of fire 
suppression piping work under the direct and continuing super- 
vision of a licensed master fire suppression piping contractor or 
equivalent, where at least one year of such experience shall 
have been in New York city. 



§28-411.3 No required expiration, renewal or reissuance. 

The registration for journeyman fire suppression piping 
installer shall have no expiration and shall not require renewal 
or reissuance. 

§28-411.4 Required statement. The registration shall clearly 
state: "This registration is NOT A LICENSE, and the holder is 
NOT AUTHORIZED TO PERFORM FIRE SUPPRESSION 
PIPING WORK in New York city except under the direct and 
continuing supervision of a Licensed Master Fire Suppression 
Piping Contractor/' 



ARTICLE 412 
OIL-BURING EQUIPMENT INSTALLER LICENSE 

§28-412.1 Oil-burning equipment installer license 

required. It shall be unlawful to install oil-burning equipment 
in the city unless such work is performed by or under the direct 
and continuing supervision of a person licensed as an oil-burn- 
ing equipment installer under the provisions of this article. 

§28-412.2 Classifications. Oil-burning equipment installer 
licenses shall be classified as follows: 

1. Class A oil-burning equipment installer license. 

Licenses the holder thereof to install any type of 
oil-burning equipment, as an independent contractor 
with full responsibility for the manner in which the work 
is done, and for the material and equipment used, and for 
the control and direct and continuing supervision of the 
persons employed on the work. Such equipment shall 
include but not be limited to burners, boilers and genera- 
tors. 

2. Class B oil-burning equipment installer license. 

Licenses the holder thereof to install oil-burning equip- 
ment for the use of domestic fuel oils from number one 
fuel oil to and including number four fuel oil, as an inde- 
pendent contractor with full responsibility for the man- 
ner in which the work is done, for the materials and 
equipment used, and for the control and direct and con- 
tinuing supervision of the persons employed on the 
work. 

§28-412.3 Qualifications. Applicants for an oil-burning 
equipment installer license shall have the qualifications set 
forth in sections 28-412.3.1 through 28-4123.2. 

§28-4123.1 Experience for Class A license. All applicants 
for a class A oil-burning equipment installer license shall 
submit satisfactory proof establishing that the applicant has 
had at least four years practical experience within the seven 
years prior to application in the installation of oil-burning 
equipment under the direct and continuing supervision of a 
Class A-licensed oil-burning equipment installer in the city, 
including at least orq year experience in the installation of 
oil-burning equipment for the use of number five and num- 
ber six fuel oils. 

§28-4123.2 Experience for Class B license. All applicants 
for a class B oil-burning equipment installer license shall 
submit satisfactory proof establishing that the applicant has 
had at least three years practical experience within the five 
years prior to application in the installation of oil-burning 



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equipment under the direct and continuing supervision of a 
licensed oil -burning equipment installer in the city. 

§28-412.4 Fitness to perform work. As a condition of license 
renewal, a licensed oil burning equipment installer shall pro- 
vide evidence satisfactory to the department that such licensee 
is fit to perform the work. 



ARTICLE 413 

HIGH-PRESSURE BOILER 

OPERATING ENGINEER LICENSE 

§28-413.1 High -pressure boiler operating engineer license 

required. It shall be unlawful to operate any high-pressure 
steam boiler for any purpose whatsoever, in the city of New 
York or in connection with any vessel on the waters in and 
around the city not subject to the jurisdiction of the United 
States, unless such boiler is operated by or under the direct and 
continuing supervision and in the presence of a person having a 
high-pressure boiler operating engineer license under the pro- 
visions of this article. 

§28-413.2 Qualifications. Applicants for a high-pressure 
boiler operating engineer license shall present satisfactory 
proof that: 

1. Applicant was employed as a fireman, oiler, general 
assistant, journeyman, boiler-maker or machinist under 
the direct and continuing supervision of a licensed 
high-pressure boiler operating engineer in the city for a 
period of not less than five years within the seven year 
period preceding the date of the application; however, in 
lieu of the experience requirement contained in this para- 
graph, an applicant for a high-pressure boiler operating 
engineer license who is employed in a fossil fuel produc- 
tion plant located in the Rockaway Peninsula area of 
Queens county may submit satisfactory proof establish- 
ing that the applicant has obtained at least five years 
experience within the seven years preceding the date of 
the application which shall include at least two years of 
experience obtained during employment under the direct 
and continuing supervision of a licensed high-pressure 
boiler operating engineer in a steam generating plant 
located outside of the city of New York but within the 
state of New York that is owned and operated by a 
licensed public utility company, and shall also include a 
separate period of at least three years of experience 
obtained during employment as a fireman, oiler, general 
assistant, journeyman, boiler-maker or any comparable 
position as approved by the commissioner, in such steam 
generating plant; 

2. Applicant received a degree in mechanical engineering 
from an accredited school or college and had one year 
experience in the operation and maintenance of 
high-pressure boilers under the direct and continuing 
supervision of a licensed high-pressure boiler operating 
engineer in the city within the two year period preceding 
the date of the application; 

3 . Applicant has held, for a minimum of four years, a certif- 
icate as an engineer issued by a board of examining engi- 
neers duly established and qualified pursuant to the laws 



of the United States or any state or territory thereof, or a 
certificate as a marine engineer issued by the United 
States Coast Guard, and a minimum of one year experi- 
ence in the city in the operation and maintenance of sta- 
tionary high-pressure boiler plants under the direct and 
continuing supervision of a licensed high-pressure boiler 
operating engineer within the seven years preceding the 
date of the application, provided that the applicant shall 
have filed with such application a signed statement that 
the applicant is the person named in said certificate 
together with the supporting signed statements by three 
licensed high-pressure boiler operating engineers 
employed in the city of New York at the time of making 
of such signed statements; 

4. Applicant exercised direct and continuing supervision, 
care, operation and maintenance over a steam generating 
plant of a governmental building, having boilers of 150 
or more horsepower, for a minimum of five years and 
had a minimum of one year of experience on high-pres- 
sure boilers under the direct and continuing supervision 
of a licensed high-pressure boiler operating engineer in 
the city within the seven year period preceding the date 
of the application; or 

5. Applicant successfully completed a New York state 
approved apprenticeship training program of at least two 
years and had at least three years experience within the 
seven years preceding the date of the application in the 
operation and maintenance of high -pressure boilers in 
the city under the direct and continuing supervision of a 
licensed high-pressure boiler operating engineer. 

§28-413.3 Fitness to perform work. As a condition of license 
renewal, a licensed high-pressure boiler operating engineer 
shall provide evidence satisfactory to the department that such 
licensee is fit to perform the work. 



ARTICLE 414 

PORTABLE HIGH-PRESSURE BOILER OPERATING 

ENGINEER LICENSE 

§28-414.1 Portable high-pressure boiler operating engi- 
neer license required. It shall be unlawful to operate a portable 
high-pressure steam boiler for any purpose whatsoever in the 
city of New York unless such boiler is operated by or under the 
direct and continuing supervision and in the presence of a per- 
son licensed as a portable high-pressure boiler operating engi- 
neer. 

§28-414.2 Qualifications. Applicants for a portable 
high-pressure boiler operating engineer license shall present 
satisfactory proof that applicant held a basic license as a hoist- 
ing machine operator as provided in this chapter for a minimum 
of three years within the five year period preceding the date of 
the application; and served as a fireman, oiler, assistant engi- 
neer or engineer on portable high-pressure boilers for a mini- 
mum of three years within the seven year period preceding the 
date of the application at least one year on portable high pres- 
sure boilers within the city under the direct and continuing 
supervision of a licensed portable high-pressure boiler operat- 
ing engineer. 



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§28-414.3 Fitness to perform work As a condition of license 
renewal, a licensed portable high-pressure boiler operating 
engineer shall provide evidence satisfactory to the department 
that such licensee is fit to perform the work. 



ARTICLE 415 
SIGN HANGER LICENSE 

§28-415.1 Sign hanger license required. It shall be unlawful 
to hoist or lower or to hang or attach any sign upon or on the 
outside of any building in the city unless such work is per- 
formed by or under the direct and continuing supervision of a 
person licensed as a sign hanger under the provisions of this 
article. 

§28-415.2 Exemptions. The provisions of this article shall not 
apply to the following: 

1. Signs not exceeding 75 square feet (7 m 2 ) in area, mea- 
sured on one face only, nor exceeding 25 pounds (11 kg) 
in weight; 

2. Signs supported directly on the ground; or 

3. Directional signs; or 

4. Temporary signs erected during the construction or 
alteration of a building and related to such work; or 

5 . The erection or placing of any signs by employees of the 
city, any city department or other city agency. 

§28-415.3 Classification. Such licenses shall be classified as 
follows: 

1. Master sign hanger license. Authorizes the holder 
thereof to hoist or lower or to hang or attach any sign, 
irrespective of weight, upon or on the outside of any 
building. 

2. Special sign hanger license. Authorizes the holder 
thereof to hoist or lower or to hang or attach any sign not 
exceeding one hundred fifty square feet in area, mea- 
sured on one face only, nor exceeding one thousand two 
hundred pounds in weight, upon or on the outside of any 
building. 

§28-415.4 Additional qualifications. Applicants for a sign 
hanger license shall have the additional qualifications set forth 
in sections 28-415.4.1 through 28-415.4.2. 

§28-415.4.1 Master sign hanger qualifications. All appli- 
cants for a master sign hanger license shall submit satisfac- 
tory proof establishing that the applicant has had at least five 
years practical experience in sign hanging within the seven 
years preceding the date of the license application under the 
direct and continuing supervision of a licensed master sign 
hanger; and the applicant shall also have a knowledge of and 
ability to read plans and specifications relating to sign con- 
struction and erection, including supporting framework and 
other supports, and a knowledge of the problems and prac- 
tices of sign construction and hanging and be familiar with 
the equipment and tools used in sign hanging. 

§28-415.4.2 Special sign hanger qualifications. All appli- 
cants for a special sign hanger license shall submit satisfac- 
tory proof establishing that the applicant has had at least 



three years practical experience in sign hanging within the 
five years preceding the date of the license application under 
the direct and continuing supervision of a licensed sign 
hanger; and the applicant shall also have a knowledge and 
ability to read plans and specifications relating to sign con- 
struction and erection, including supporting framework and 
other supports, and a knowledge of the problems and prac- 
tices of sign construction and hanging and be familiar with 
the equipment and tools used in sign hanging. 

§28-415.5 Additional requirements. The additional require- 
ments set forth in sections 28-415.5.1 through 28-415.5.2 shall 
apply to sign hangers: 

§28-415.5.1 Danger warning. Every licensed sign hanger 
shall, while sign hanging operations are in progress at a job 
site, place conspicuously at such job site two plates or signs 
not less than 18 inches (457 mm) by 24 inches (610 mm) in 
size (i) displaying the word "danger" in letters not less than 
6 inches (152 mm) high, and (ii) disclosing the signhanger's 
name, business address, type of license and license number. 

§28-415.5.2 Sign hanger place of business. Every licensed 
sign hanger shall have a place of business within the city and 
shall display prominently at such place of business a plate or 
sign marked with the words "sign hanger" and the license 
number immediately thereunder. 
§28-415.6 Fitness to perform work. As a condition of license 
renewal, a licensed sign hanger shall provide evidence satisfac- 
tory to the department that such licensee is fit to perform the 
work. 



ARTICLE 416 
FILING REPRESENTATIVE REGISTRATION 

§28-416.1 Filing representative registration required. No 

person shall use the term "registered filing representative" or 
"filing representative" or any similar representation in such 
manner as to convey the impression that such person is a regis- 
tered filing representative in accordance with the provisions of 
this article; nor shall any person present, submit, furnish or 
seek approval of applications or construction documents, or 
remove any documents from the possession of the department, 
without first having registered with the department such per- 
son's name, address and company affiliation on a form to be 
furnished by the department. 

§28-416.2 Exemptions. The following persons are exempt 
from the provisions of this article: 

1 . The owners of the premises for which the building appli- 
cations are filed including, in the case of partnerships or 
corporations, the general partners or the principal offi- 
cers of the corporation, where the principal officers of a 
corporation shall include the president, vice presidents, 
secretary and treasurer; 

2. The lessees of such premises authorized by the owner to 
file building applications; 

3. Condominium unit owners authorized by the condomin- 
ium board of managers to file building applications; 

4. Cooperative shareholders authorized by the cooperative 
board of directors to file building applications; 



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5. Architects; 

6. Engineers; 

7. Attorneys admitted to practice in New York state; 

8. Master plumbers licensed pursuant to this chapter; 

9. Master fire suppression piping contractors licensed 
pursuant to this chapter; and 

1 0. Master electricians licensed pursuant to subchapter one 
of chapter 3 of title 27 of the administrative code. 

§28-416.3 Rules. The commissioner shall promulgate rules for 
the proper and efficient administration and enforcement of this 
article. Unless required by rule, a registered filing representa- 
tive shall not be required to take an examination or to complete 
continuing education courses as a condition for renewal of the 
registration. 



ARTICLE 417 
BOARDS 

§28-417,1 Plumbing and fire suppression piping contractor 
license board. The commissioner shall appoint annually and 
may remove in his or her discretion each member of a plumb- 
ing and fire suppression piping contractor license board that 
shall have as its purpose the following: 

1 . To advise the commissioner regarding the character and 
fitness of applicants for certificates of competence and 
licenses who have passed the required examination. 

2. To advise the commissioner regarding allegations of ille- 
gal practices on the part of licensed master plumbers, 
licensed master fire suppression piping contractors, mas- 
ter plumber businesses or master fire suppression piping 
businesses. 

3 . To advise the commissioner regarding plumbing and fire 
suppression piping practices, code applications, regula- 
tions and legislation. 

4. To perform such other responsibilities as may be 
requested by the commissioner and as set forth in rules 
promulgated by the department. 

§28-417.1.1 Removal. The commissioner may remove any 
member of the license board and shall fill any vacancy 
therein. 

§28-417.1.2 Membership. Membership of the board shall 
consist of: 

1 . Two officers or employees of the department; 

2. Five licensed master plumbers, three of whom shall 
be selected from nominees of the New York city 
contracting plumbing association whose members 
perform the largest dollar value of work within the 
city and one of whom shall be the holder of a class A 
or class B master fire suppression piping contractor 
license. The two remaining licensed master plumber 
board member positions shall be from the next larg- 
est plumbing association in the city of New York. 

3. Two licensed master fire suppression piping con- 
tractors, both of whom shall hold a class A license 



and shall be selected from nominees of the New 
York city sprinkler/fire suppression piping contrac- 
tors association whose members perform the largest 
dollar value of work within the city; 

4. A registered journeyman plumber from the organi- 
zation representing the largest number of registered 
journeyman plumbers; 

5. A registered journeyman fire suppression piping 
installer from the organization representing the larg- 
est number of registered journeyman fire suppres- 
sion piping installers; 

6. An engineer having at least five years experience in 
the design of plumbing systems; 

7. An architect; 

8. An engineer who is a full member of the society of 
fire protection engineers; 

9. Two officers or employees of the fire department 
representing the fire commissioner; and 

10. A real estate owner or manager or representative 
thereof. 

§28-417.1.3 Organization of the board. A member of the 
board who is an officer or employee of the department rep- 
resenting the commissioner shall serve as chairperson and 
all members shall serve without compensation. Nine mem- 
bers including the chairperson, who shall be entitled to vote, 
shall constitute a quorum of the board for the transaction of 
business. All actions shall be conducted by majority vote 
except as otherwise provided, and the board shall keep min- 
utes of its proceedings and records of its investigations. The 
board shall meet at least once a month except during the 
months of July and August, and at such other times upon call 
of the chairperson. 

§28-417.1.4 Advisory and support personnel The board 
may request the commissioner to appoint duly authorized 
representatives to conduct investigations and other activities 
incidental to the functions of the license board. Such 
appointees shall be non-voting members of the committee 
to which they are appointed, and may include personnel 
who are not department employees who shall serve without 
compensation. In addition the commissioner may designate 
such employees of the department as the commissioner 
deems necessary to the service and support of the license 
board. 



ARTICLE 418 
GENERAL CONTRACTOR REGISTRATION 

§28-418.1 Requirement of registration. On and after Novem- 
ber 1, 2008 shall be unlawful for a person to conduct business 
as a general contractor unless such person holds a general con- 
tractor registration in accordance with the provisions of this 
article. 

§28-418.1.1 Expiration of registration. A general con- 
tractor registration shall expire on the second anniversary of 
such registration or such other date as determined by the 



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commissioner by rule so as to distribute the expiration dates 
of the registrations evenly over the course of a year. 

§28-418.2 Unlawful use of general contractor title. On and 

after November 1, 2008 shall be unlawful to use or cause to be 
used the title registered general contractor or any other title in a 
manner as to convey the impression that an individual, corpora- 
tion, partnership or other business entity, or any person it 
employs, is a registered general contractor, unless such individ- 
ual, corporation, partnership or other business entity is regis- 
tered in accordance with the provisions of this article. 

§28-418.3 Application requirements. An application for a 
general contractor registration or renewal shall be made in writ- 
ing to the commissioner on a form provided by the department 
and shall be accompanied by the following: 

1. If the applicant is an individual: the applicant's full 
name, residence address, business address and busi- 
ness telephone number; 

2. If the applicant is a corporation: 

2.1. The corporate name, address and telephone num- 
ber of the applicant's principal office or place of 
business; 

2.2. The date and state of incorporation; 

2.3. The name, residence address and residence tele- 
phone number of all corporate officers and regis- 
tered agents and any person owning an interest of 
ten percent or more in the corporation; 

2.4. Proof that the corporation is in good standing 
under the laws of the state of New York; 

3. If the applicant is a partnership: 

3.1. The name, address and telephone number of the 
applicant's principal office or place of business; 

3.2. The name, residence address and residence tele- 
phone number of all partners; 

4. The registration fee; 

5. A verified statement that the applicant is financially 
solvent; 

6. The name and address of the principal location from 
which the applicant has engaged in the business of gen- 
eral contracting at any time within the last five years; 

7. If the applicant is not a sole proprietor, proof that the 
applicant is authorized to do business in the state of 
New York; 

8. Proof of insurance as required by section 28-401.9; 

9. The name and address of the officer, principal or direc- 
tor of the applicant who is primarily responsible for the 
registrant's compliance with the requirements of this 
code or any rule adopted thereunder; 

10. Any other information that the commissioner may 
require. 

§28-418.3.1 Financial solvency. For the purposes of this 
article, financial solvency shall mean that the applicant's 
operating capital shall exceed twenty-five thousand dollars. 



§28-418.4 Warranties. A warranty shall be provided to the 
buyer of a new one-, two- or three-family structure that accords 
with the provisions of article thirty-six-B of the New York state 
general business law, including the following: 

1 . One year from and after the warranty date the home will 
be free from defects due to a failure to have been con- 
structed in a skillful manner; 

2. Two years from and after the warranty date the plumb- 
ing, electrical, heating, cooling and ventilation systems 
of the home will be free from defects due to a failure by 
the builder to have installed such systems in a skillful 
manner; and 

3. Six years from and after the warranty date the home will 
be free from material defects, including, but not limited 
to, any construction that is not in compliance with the 
building code or the zoning resolution of the city of New 
York. 

§28-418.4.1 Modification prohibited. Except as otherwise 
provided in section seven hundred seventy-seven-b of such 
article thirty-six-B, no such warranty shall be modified or 
excluded in any way. 
§28-418.5 Duties and responsibilities. The general contractor 
shall comply with sections 28-418.5.1 through 28-418.5.3. 

§28-418.5.1 Subcontractor information. The general 
contractor shall be responsible for providing information to 
the department about his or her subcontractors and the par- 
ticular work they perform on jobs for which the department 
has issued permits to the general contractor. Such informa- 
tion shall be provided in a format and at the times specified 
in the rules of the department. 

§28-418.5.2 Technical reports. The general contractor 
shall maintain at the work site such technical reports as 
specified in the rules of the department and shall make such 
reports available to department personnel on request. 

§28-418.5.3 Notice of pending disciplinary actions. The 

general contractor shall notify all of its suppliers of any 
pending suspension or revocation actions against such gen- 
eral contractor and shall provide an affidavit to the depart- 
ment stating that this notification has been made. 

§28-418.6 Posting of disciplinary actions. The names of all 
general contractors whose registration was suspended or 
revoked after an OATH decision shall be posted on the depart- 
ment's website. 



ARTICLE 419 
SEIZURE AND FORFEITURE 
§28-419.1 General. On and after November 1, 2008 vehicles 
and tools used in connection with unlicensed or unregistered 
activity at the work site of a new residential structure contain- 
ing no more than three dwelling units shall be subject to seizure 
and forfeiture. 

§28-419.2 Definitions. For purposes of this article, the follow- 
ing terms shall have the following meanings. 

1. The term "owner" as applied to vehicles shall mean an 
owner as defined in section one hundred twenty-eight 



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and in subdivision three of section three hundred 
eighty-eight of the vehicle and traffic law. 

2. The term "security interest" as applied to vehicles shall 
mean a security interest as defined in subdivision k of 
section two thousand one hundred one of the vehicle and 
traffic law. 

3 . The term "unlicensed activity" shall mean the conduct of 
any activity at a work site for the construction of a resi- 
dential structure containing no more than three dwelling 
units without a license for which a license is required 
under any law, rule or regulation enforced by the com- 
missioner of buildings, and the term "unregistered activ- 
ity" shall mean the conduct of any activity at a work site 
for the construction of a residential structure containing 
no more than three dwelling units without a registration 
for which a registration is required under any law or reg- 
ulation enforced by the commissioner of buildings. 

§28-419.3 Seizure procedure. The following provisions shall 
govern seizure of vehicles and tools pursuant to this article. 

§28-419.3.1 Seizure. Any police officer or authorized offi- 
cer or authorized employee of the department may seize any 
vehicle and any tools contained therein that such police offi- 
cer or authorized officer or authorized employee has reason- 
able cause to believe is being used in connection with 
unlicensed or unregistered activity, upon service on the 
owner or operator of the vehicle of a notice of violation for 
engaging in such activity. Any vehicle and tools seized pur- 
suant to this section shall be delivered into the custody of the 
department or other appropriate agency. 

§28-419.3.2 Written demand. The owner or operator of 
the vehicle and/or tools may make a written demand for a 
hearing for the return of the seized property. Notice of the 
right to a hearing shall be provided to the operator at the time 
of seizure of the vehicle and/or tools, and a copy of such 
notice shall be sent by mail to the registered and/or title 
owner of the vehicle, if other than the operator, and to the 
owner of the tools if other than the owner or operator of the 
vehicle and if reasonably ascertainable, within five business 
days of the seizure. The department shall schedule the hear- 
ing at the office of administrative trials and hearings 
(OATH) or its successor agency, as applicable, for a date 
within ten business days after receipt of the demand and 
shall notify the operator and the owner(s) of the opportunity 
to participate in the hearing and the date thereof. 

§28-419.3.3 Claimant. A claimant seeking release of the 
vehicle and tools at the hearing may be either the person 
from whom the vehicle and tools were seized, if that person 
was in lawful possession of the vehicle and tools, or the 
owner if different from such person. 

§28-419.3.4 Determination. The OATH judge shall issue a 
determination within five business days after the conclusion 
of the hearing. 

§28-419.3.5 Return pending hearing. The department 
shall establish a procedure whereby an owner or operator 
who wishes to have the vehicle and/or tools returned pend- 
ing the hearing shall post a bond in an amount determined 
by the department, but in no event less than an amount suffi- 



cient to cover any applicable removal and storage fees as 
well as fines and penalties. 

§28-419.3.6 Return without hearing. The department 
shall establish a procedure whereby an owner or operator 
may request the return of the vehicle and/or tools without a 
hearing if such owner or operator: 

1. Establishes that the vehicle and/or tools were seized 
in error, or 

2. Immediately applies for licensure or registration pur- 
suant to the applicable provisions of this code and 
pays an amount not to exceed removal and storage 
fees and any fines or penalties that could have been 
imposed under the provisions of this code. 

Where the owner or operator establishes that the vehicle 
and/or tools were seized in error, the department shall expe- 
ditiously return such vehicle and/or tools. 

§28-419.4 Abandoned property. Any vehicle and/or tools for 
which a written demand for return of the vehicle and/or tools or 
for a hearing pursuant to section 28-419.3.2 has not been made 
within thirty days of service of the notice of violation on the 
operator of the vehicle and/or tools or within thirty days of ser- 
vice of the notice of violation on the owner of the vehicle and/or 
tools if the owner is not the operator of the vehicle and/or tools 
shall be deemed abandoned and shall be disposed of by the 
department pursuant to applicable law. 

§28-419.5 Combined hearings. The department may choose 
to have the underlying violation adjudicated before the office 
of administrative trials and hearings in accordance with sec- 
tions 28- 419.5.1 through 28- 419.5.3. 

§28-419.5.1 Combined hearing and determination. 

Upon notice to the respondent, the department may choose 
to have the violation underlying the seizure returnable to 
and heard at OATH and may combine the hearing on the 
underlying violation with the hearing for the return of the 
seized property. At such combined hearing the OATH judge 
shall make a determination as to both and may impose any 
penalty that could be imposed in a proceeding before the 
environmental control board for the underlying violation. 
The OATH judge shall issue a determination within five 
business days after the conclusion of the hearing. 

§28-419.5.2 Release following finding of no violaiton. If 

the OATH judge finds that the vehicle and/or tools were not 
used in connection with unlicensed or unregistered activity, 
the department shall promptly release such vehicle and/or 
tools. 

§28-419.5.3 Release following finding of violation. If the 

OATH judge finds that the vehicle and/or tools were used in 
connection with unlicensed or unregistered activity, the 
department may release such vehicle and/or tools upon pay- 
ment of all applicable fines and civil penalties and all rea- 
sonable costs of removal and storage, or may commence a 
forfeiture action within twenty business days after the date 
of the judge's determination. 

§28-419.6 Separate hearings. In the event that the adjudica- 
tion of the violation underlying the seizure is not held at OATH, 
and a determination is made that the vehicle and tools were not 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



used in connection with unlicensed or unregistered activity, the 
department shall promptly release such vehicle and/or tools. 

§28-419.7 Forfeiture procedure. The following provisions 
shall govern forfeiture of vehicles and tools pursuant to this 
article. 

§28-419.7.1 Commencement of forfeiture. A forfeiture 
action pursuant to this article shall be commenced by the fil- 
ing of a summons with a notice or a summons and complaint 
in accordance with the civil practice law and rules. Such 
summons with notice or a summons and complaint shall be 
served in accordance with the civil practice law and rules on 
the vehicle operator, the owner of the tools, if different from 
the vehicle operator, and owner of the vehicle, and on all 
owners of the subject vehicle listed in the records main- 
tained by the department of motor vehicles, or for vehicles 
not registered in the state of New York, in the records main- 
tained by the state of registration. Except as otherwise pro- 
vided in this article, a vehicle and/or tools that are the 
subject of such action shall remain in the custody of the 
department or other appropriate agency pending the final 
determination of the forfeiture action. 

§28-419.7.2 Notice of forfeiture. Notice of the institution 
of the forfeiture action shall be given by certified mail to all 
persons holding a security interest in such vehicle or tools, if 
known, if such security interest in the vehicle has been filed 
with the department of motor vehicles pursuant to the provi- 
sions of title ten of the vehicle and traffic law, at the address 
set forth in the records of such department, or, for vehicles 
not registered in the state of New York, all persons holding a 
security interest in such vehicle if such security interest has 
been filed with the state of registration and which persons 
are made known by such state to the department, at the 
address provided by such state of registration. 

§28-419.7.3 Security interest. Any person with a security 
interest in such vehicle or tools who receives notice of the 
institution of the forfeiture action who claims an interest in 
such vehicle or tools subject to forfeiture may assert a claim 
in such action for satisfaction of such person's security 
interest in such vehicle or tools. 

§28-419.7.4 Forfeiture subject to security interest. For- 
feiture shall be made subject to the interest of a person who 
claims an interest in the vehicle or tools, where such person 
establishes that: 

1 . The use of the vehicle or tools for the conduct that was 
the basis for the seizure of the vehicle and tools 
occurred without the knowledge of such person, or if 
such person had knowledge of such use, that such per- 
son did not consent to such use by doing all that could 
reasonably have been done to prevent such use, and 
that such person did not knowingly obtain such inter- 
est in the vehicle or tools in order to avoid the forfei- 
ture of such vehicle or tools, or 

2. The conduct that was the basis for such seizure was 
committed by any person other than such person 
claiming an interest in the vehicle or tools, while such 
property was unlawfully in the possession of a person 
who acquired possession thereof in violation of the 
criminal laws of the United States or any state. 



§28-419.7.5 Disposition. The department or agency having 
custody of the vehicle and tools, after judicial determination 
of forfeiture, shall, at its discretion, either (i) retain such 
vehicle and tools for the official use of the city; or (ii) by 
public notice of at least five days, sell such forfeited vehicle 
and tools at public sale. The net proceeds of any such sale 
shall be paid into the general fund of the city. 

§28-419.7.6 Amount of award. In any forfeiture action 
commenced pursuant to this article, where the court awards 
a sum of money to one or more persons in satisfaction of 
such person's interest in the forfeited vehicle and tools, the 
total amount awarded to satisfy such interest or interests 
shall not exceed the amount of the net proceeds of the sale of 
the forfeited vehicle and tools after deduction of the lawful 
expenses incurred by the city, including reasonable costs of 
removal and storage of the vehicle and tools between the 
time of seizure and the date of sale. 



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CHAPTER 5 

MISCELLANEOUS PROVISIONS 



ARTICLE 501 
MAINTENANCE PERMIT FOR OUTDOOR SIGNS 

§28-501.1 Permit required. The commissioner may, in his or 
her discretion, when necessary in the public interest, establish a 
permit requirement for signs maintained in the areas described 
in this article in accordance with the provisions of this article 
and the rules of the department. On and after a date to be pro- 
vided by the rules establishing such a permit requirement, and 
subject to the provisions of section 28-501.6 of this code, it 
shall be unlawful to place or maintain a sign, as defined in sec- 
tion 12-10 of the zoning resolution, on any building or pre- 
mises unless a permit for the maintenance of such sign has been 
issued by the department pursuant to this article if such sign is 
within a distance of nine hundred linear feet from and within 
view of an arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an 
area of one half acre or more. 

§28-501.1.1 Other permits notwithstanding. Where a 
sign maintenance permit has been established by the com- 
missioner pursuant to section 28-501 . 1 such permit shall be 
required for all signs maintained in the areas described in 
such section 28-501.1 and not otherwise excluded under 
section 28-501.6, whether or not a work permit is required 
and/or has been issued for the installation, alteration or erec- 
tion of such sign pursuant to chapter 1 of this title. 

§28-501.1.2 Arterial highway. For the purposes of this 
article, the term arterial highway shall include all highways 
that are shown on the master plan of arterial highways and 
major streets as principal routes parkways or toll crossings 
and that have been designated by the city planning commis- 
sion as arterial highways to which the provisions of sections 
42-55 and 32-66 of the zoning resolution shall apply as 
shown in appendix C of the zoning resolution. 
§28-501.2 Application. Application for a permit or for the 
renewal of a permit shall be made on forms to be furnished by 
the department and shall contain such information as the 
department shall prescribe. Except as otherwise provided in 
section 28-501.3, a permit shall remain in effect for a period to 
be determined by rule and may be renewed. The fee for a permit 
or for its renewal shall be established by rule. The identification 
number of the permit shall be displayed on the sign or on the 
building or premises on which the sign is located or both, in a 
manner to be provided by rule. 

§28-501.3 Permit expiration. A permit issued pursuant to this 
article shall expire and be of no further force or effect where: 
1 . In the case of a sign which is accessory to a principal use 
within the meaning of section 12-10 of the zoning resolu- 
tion, there has been a discontinuance of the operation of 
the principal use to which such sign is accessory, or in the 
event the sign is no longer in the same ownership as such 
principal use or is no longer operated and maintained 



substantially for the benefit or convenience of the own- 
ers, occupants, employees, customers or visitors of the 
principal use; 

2. In the case of any sign for which a permit has been issued 
pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12-10 of the 
zoning resolution, there has been a change in copy which 
the commissioner has determined renders such sign no 
longer in compliance with the zoning resolution. The 
commissioner shall prescribe by rule procedures for the 
notification to the department concerning changes in 
copy which have been made on signs for which permits 
have been issued under this article. Nothing herein shall 
be construed as limiting the ability of any person to apply 
for a new permit pursuant to this article. 

§28-501.4 Civil penalties. Any person who places or main- 
tains a sign on a building or premises without an appropriate 
permit in violation of this article shall be liable for a civil pen- 
alty of, for a first violation, not more than fifteen thousand dol- 
lars and, for a second or subsequent violation, not more than 
twenty-five thousand dollars. Each day's continuance shall be a 
separate and distinct violation. Such civil penalties may be 
recovered in an action in any court of appropriate jurisdiction 
or in a proceeding before the environmental control board. 
Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding the provisions of 
section six hundred sixty-six of the charter, a notice of violation 
issued by the department pursuant to this section 28-501 .4 shall 
not be subject to review by the board of standards and appeals. 

§28-501.5 Construction. This chapter shall not be construed 
to grant the right to place or maintain a sign on any building or 
premises where the placement or maintenance of such sign 
would otherwise be prohibited pursuant to the zoning resolu- 
tion, the administrative code or any other provision of law. No 
permit for a sign issued hereunder shall be deemed to constitute 
permission or authorization to maintain a sign which is unlaw- 
ful pursuant to any other provisions of law nor shall any permit 
issued hereunder constitute a defense in an action or proceed- 
ing with respect to such an unlawful sign. 

§28-501.6 Exemption. The provisions of this article shall not 
apply to: 

1. Signs with a surface area of 200 square feet (19 m 2 ) or 
less that are located no higher than 3 feet (9 1 4 mm) above 
the floor of the second story of the building on which the 
sign is located; and 

2. Signs under the control of an outdoor advertising com- 
pany and included on a certified list of signs, sign struc- 
tures, and sign locations under the control of such 
company required to be filed with the department pursu- 
ant to this chapter. 



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ARTICLE 502 
OUTDOOR ADVERTISING COMPANIES 

§28-502.1 Definitions. As used in this chapter, the following 
terms shall have the following meanings: 

AFFILIATE. An outdoor advertising company having a con- 
trolling interest in another outdoor advertising company or in 
which such other outdoor advertising company has a control- 
ling interest. In addition, where a person or entity has control- 
ling interests in two or more outdoor advertising companies, 
such outdoor advertising companies shall be considered affili- 
ates of each other. A "controlling interest" means actual work- 
ing control, in whatever manner exercised, including without 
limitation, control through ownership, management, debt 
instruments or negative control, as the case may be, as defined 
in rules of the department. 

OUTDOOR ADVERTISING COMPANY. A person, corpo- 
ration, partnership or other business entity that as a part of the 
regular conduct of its business engages in or, by way of adver- 
tising, promotions or other methods, holds itself out as engag- 
ing in the outdoor advertising business. 

OUTDOOR ADVERTISING BUSINESS. The business of 
selling, leasing, marketing, managing, or otherwise either 
directly or indirectly making space on signs situated on build- 
ings and premises within the city of New York available to oth- 
ers for advertising purposes, whether such advertising directs 
attention to a business, profession, commodity, service or 
entertainment conducted, sold, or offered on the same or a dif- 
ferent zoning lot and whether such sign is classified as an 
advertising sign pursuant to section 12-10 of the zoning resolu- 
tion. 

SIGN. A sign as defined in section 12-10 of the zoning resolu- 
tion except that such term shall not include any sign subject to 
regulation by the department of transportation. 

SIGN LOCATION. A building or premises on which an out- 
door advertising company is entitled to sell, lease, market, 
manage or otherwise either directly or indirectly make space on 
signs available to customers, irrespective of whether a sign 
exists on such building or premises. 

UNDER THE CONTROL OF AN OUTDOOR ADVER- 
TISING COMPANY in reference to a sign, sign structure, or 
sign location. That space on such sign, sign structure, or at such 
sign location that is sold, leased, marketed, managed or other- 
wise either directly or indirectly made available to others for 
any purposes by such outdoor advertising company. 

§28-502.2 Registration of outdoor advertising companies. 

On and after a date to be provided by rule, it shall be unlawful 
for an outdoor advertising company to engage in the outdoor 
advertising business or, by way of advertising, promotions or 
other methods, hold itself out as engaging in the outdoor adver- 
tising business unless such company is registered in accor- 
dance with this code and the rules of the department. Such rules 
shall establish a procedure pursuant to which the department 
may require the single registration of an outdoor advertising 
company and its affiliates. An outdoor advertising company 
and its affiliates made subject to single registration shall be 
considered a single outdoor advertising company for purposes 
of this code. 



§28-502.2.1 Application. Application for registration or 
the renewal of registration shall be made on forms to be fur- 
nished by the department, may be made through electronic 
means, and shall contain such information as the depart- 
ment shall prescribe. Registration shall remain in force for 
two years and may be renewed. The fee for such registration 
and for the renewal of such registration shall be established 
by rule and may be based on the number of signs in the regis- 
tered inventory. 

§28-502.2.2 Security. Each outdoor advertising company 
shall post a bond or provide another form of security to the 
city in an amount to be determined by the department by 
rule to cover: 

1 . All costs incurred by the city pursuant to this code for 
painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign 
structure under the control of such outdoor advertis- 
ing company; and 

2. All fines or civil penalties imposed against such com- 
pany pursuant to this chapter. 

§28-502.3 Revocation or suspension or registration. The 

department may revoke, suspend or refuse to renew the regis- 
tration of an outdoor advertising company or impose fines or 
other penalties where it is determined by the commissioner, 
after notice and the opportunity to be heard, that (i) such com- 
pany has made statements that it knew or should have known 
are false in any application or certification filed with the depart- 
ment, (ii) such company has failed to comply with section 
28-502.3 of this code or the rules adopted pursuant to its provi- 
sions by failing to file a listing of signs, sign structures and sign 
locations under its control as specified in such section within 
the time and in the manner required by department rules or by 
filing an incomplete listing of signs, sign structures and sign 
locations under its control as specified in such section, (iii) 
such company has been found liable for or has admitted to vio- 
lations of the zoning resolution under section 28-502.5 of this 
code committed on three or more occasions within a 36 month 
period, where such violations relate to the erection, mainte- 
nance, attachment, affixing, painting or representation in any 
other manner on a building or premises of advertising signs, as 
defined in section 12-10 of the zoning resolution, at locations 
where the display of such advertising signs is not permitted 
under the zoning resolution or at locations where the display of 
such advertising signs violates the size, height, or illumination 
provisions of the zoning resolution, and such signs are located 
within a distance of nine hundred linear feet from and within 
view of an arterial highway or within 200 linear feet (60 960 
mm) from and within view of a public park with an area of one 
half acre or more, (iv) such company has failed to pay any civil 
penalties imposed or amounts owed to the city pursuant to sec- 
tion 28-502.5 of this code or, (v) such company has violated the 
department's rules pertaining to outdoor advertising compa- 
nies. No application for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by 
the department for a period of five years after revocation of or 
the refusal to renew the registration of such outdoor advertising 
company pursuant to this code. The department shall not 
accept or process any applications for permits to install, erect or 
alter signs pursuant to this code or for the maintenance of signs 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



MISCELLANEOUS PROVISIONS 



pursuant to section 28-50 LI of this code where such applica- 
tions are filed by or where such signs are under the control of an 
outdoor advertising company or any affiliate thereof after the 
registration of such outdoor advertising company has been 
revoked or not renewed or during the term of any period of sus- 
pension of such registration. The commissioner may settle any 
proceeding in which the revocation, suspension or renewal of 
an outdoor advertising company's registration is at issue upon 
such terms and conditions as he or she may deem appropriate 
including but not limited to the agreement of an outdoor adver- 
tising company to remove signs along with supporting sign 
structures as a condition for the dismissal of such proceeding. 

§28-502.4 Reporting requirement. An outdoor advertising 
company shall provide the department with a list with the loca- 
tion of signs, sign structures and sign locations under the con- 
trol of such outdoor advertising company in accordance with 
the following provisions: 

1. The list shall include all signs, sign structures and sign 
locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or 
(ii) within a distance of 200 linear feet (60 960 mm) from 
and within view of a public park with an area of V 2 acre 
(5000 m) or more. 

2. The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign 
structures and sign locations, as specified in such rule. 

§28-502.4.1 Form of list. The list shall be in such form, 
containing such information and filed at such periodic inter- 
vals or upon such other conditions, as the department shall 
prescribe by rule. 

§28-502.4.2 Other required information. Such list shall 
also indicate the work permit identification numbers for the 
erection, alteration or installation of such signs pursuant to 
chapter 1 of this title and for the maintenance of such signs 
pursuant to article 501, unless a permit is not required pur- 
suant to such provisions, as well as the name and license 
number of the master or special sign hanger who hung or 
erected each such sign. 

§28-502.4.3 Certification of list Such list shall be accom- 
panied by (i) a certification by an architect or engineer, 
co-signed by a responsible officer of the outdoor advertising 
company, that all signs reported on such list are in compli- 
ance with the zoning resolution; (ii) copies of proof that the 
sign complies with the zoning resolution and a certification 
by the sign's owner that to the best of the certifier's knowl- 
edge and belief the information provided is accurate, or (iii) 
a written opinion by the department, stating that the sign to 
which the opinion refers complies with the zoning resolu- 
tion. Notwithstanding any inconsistent provision of this 
code, where, in accordance with the department's rules, the 
department renders an opinion, determination or decision 
relating to whether a sign is non-conforming or whether it is 
located in proximity to an arterial highway as defined by the 
zoning resolution, such decision, determination or opinion 
will be appealable to the board of standards and appeals in 
accordance with applicable law. If a timely appeal to such 
board is taken, the department shall not issue a notice of vio- 



lation with respect to such sign pending a determination of 
such appeal by such board. 

§28-502.4.4 Public access to list. The commissioner shall 
make all listings filed pursuant to this article accessible to 
the public. 

§28-502.5 Display of name and registration number of out- 
door advertising company. On and after a date to be pre- 
scribed by rule, the commissioner shall require that each 
outdoor advertising company display, in a manner to be pro- 
vided by rule, on each sign under its control or on the building 
or premises where each sign under its control is located or both, 
(i) the name and registration number of such company and, (ii) 
unless a permit is not required, the work permit identification 
number for the installation, alteration or erection of the sign 
pursuant to chapter 1 of this code and, if applicable, for the 
maintenance of the sign pursuant to article 501. 

§28-502.6 Criminal and civil penalties. Outdoor advertising 
companies that violate the zoning resolution, this code, the 
1968 building code or rules of the department shall be subject 
to criminal and civil penalties in accordance with this article. 

§28-502.6.1 General. Notwithstanding any other provision 
of law, an outdoor advertising company shall be liable for a 
civil penalty in accordance with this article if a sign under its 
control has been erected, maintained, attached, affixed, 
painted on, or in any other manner represented on a building 
or premises in violation of any provision of the zoning reso- 
lution, this code, the 1968 building code or rules adopted 
pursuant thereto relating to signs. 

§28-502.6.2 Unlawful for outdoor advertising company 
to sell space on illegal sign. It shall be unlawful for an out- 
door advertising company to sell, lease, market, manage or 
otherwise make available to others for advertising purposes 
space on a sign that has been erected, maintained, attached, 
affixed, painted on or in any other manner represented on a 
building or premises in violation of any provision of the 
zoning resolution, this code, the 1968 building code or rules 
adopted pursuant thereto or to enter into any agreement for 
such purpose. 

§28-502.6.3 Unlawful to transfer sign to unregistered 
outdoor advertising company. On and after a date to be 
provided by rule, it shall be unlawful for an outdoor adver- 
tising company to sell or otherwise transfer control of a sign 
or sign location or of any right of such company to sell, 
lease, market, manage or otherwise make space on a sign or 
at a sign location available to others for advertising purposes 
to an outdoor advertising company that is not registered in 
accordance with this article and the rules of the department. 

§28-502.6.4 Civil penalty. An outdoor advertising com- 
pany that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more 
than fifteen thousand dollars and, for a second or subse- 
quent violation, not more than twenty-five thousand dollars. 
Each day's continuance shall be a separate and distinct vio- 
lation. 

§28-502.6.5 Criminal penalty. Notwithstanding any 
inconsistent provision of law, an outdoor advertising com- 
pany shall, upon being found guilty, be subject to fines or 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-79 



MISCELLANEOUS PROVISIONS 



imprisonment or both pursuant to this code if a sign under its 
control has been erected, maintained, attached, affixed, 
painted on, or in any other manner represented on a building 
or premises in violation of any provision of the zoning reso- 
lution, this code, the 1968 building code or rules adopted 
pursuant thereto relating to signs. 

§28-502.6.6 Activity by unregistered company. On and 

after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business 
or, by way of advertisement, promotion or other methods 
holds itself out as engaging in the outdoor advertising busi- 
ness without registering with the department pursuant to 
this chapter, or, after such registration has been revoked or 
not renewed pursuant to this code continues to engage in 
such business beyond a date specified by the commissioner 
in his or her determination to revoke or not renew, shall be 
guilty of a misdemeanor subject to a fine not to exceed five 
thousand dollars or a sentence of imprisonment of not more 
than one year or both such fine and imprisonment for each 
offense. In the case of a continuing violation each day's con- 
tinuance shall be a separate and distinct violation. Such 
company shall also be liable for a civil penalty of, for a first 
violation, not more than fifteen thousand dollars and, for a 
second or subsequent violation, not more than twenty-five 
thousand dollars. Each day's continuance shall be a separate 
and distinct violation. 

§28-502.6.7 Venue. Civil penalties may be recovered in an 
action in any court of appropriate jurisdiction or in a pro- 
ceeding before the environmental control board. Such board 
shall have the power to impose the civil penalties provided 
for in this article. Notwithstanding the provisions of section 
six hundred sixty-six of the charter, a notice of violation 
issued by the department pursuant to this article shall not be 
subject to review by the board of standards and appeals. 

§28-502.7 Signs under control of unregistered outdoor 
advertising company are public nuisance. On and after a 
date to be provided by rule, it shall be unlawful to erect, main- 
tain, attach, affix, paint on, or in any other manner represent on 
a building or premises any sign that is under the control of an 
unregistered outdoor advertising company. In addition to or as 
an alternative to any other remedies or penalties provided under 
any other provision of law, the commissioner may commence a 
proceeding for the removal of such sign or its sign structure or 
both in accordance with the procedures set forth in this code for 
the abatement of a nuisance and any such sign and its sign 
structure is hereby declared to be a public nuisance pursuant 
thereto. All of the provisions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that 
a sign under the control of an unregistered outdoor advertising 
company may be removed whether or not it is in compliance 
with the zoning resolution, this code, the 1968 building code or 
rules adopted pursuant thereto, and irrespective of whether it 
has a surface area greater than 200 square feet (19 m 2 ). 

§28-502.8 Franchise or concession disqualification. Not- 
withstanding any other provision of law to the contrary, an out- 
door advertising company, or any affiliate thereof, that has 
been found guilty of a misdemeanor or liable for a civil penalty 
pursuant to this article or whose registration has been revoked 
shall be considered ineligible for the award of any city fran- 



chise or concession, and shall be prohibited from administer- 
ing any advertising program on behalf of a city franchisee or 
concessionaire, for a period of five years following judgment 
or decision. 

§28-502.9 Investigations. The department may investigate 
any matter within the jurisdiction conferred by this chapter and 
shall have full power to compel the attendance, examine and 
take testimony under oath of such persons as it may deem nec- 
essary in relation to such investigation, and to require the pro- 
duction of books, accounts, papers and other evidence relevant 
to such investigation. The department of investigation may, at 
the request of the commissioner, assist the department in any 
investigation conducted pursuant to this article. 



ARTICLE 503 
NUISANCE ABATEMENT FOR ILLEGAL SIGNS 

§28-503.1 General. A sign with a surface area greater than 200 
square feet (19 m 2 ) that is erected, maintained, attached, 
affixed, painted on, or in any other manner represented on a 
building or premises in violation of the zoning resolution, this 
code, the 1968 building code or rules adopted pursuant thereto 
is hereby declared to be a public nuisance. The commissioner 
may, after notice and hearing, order the removal of such illegal 
sign or its sign structure or both, as hereinafter provided. 

§28-503.2 Notice. The commissioner shall serve a notice of 
hearing with regard to the proposed nuisance abatement on the 
owner and mortgagee of record of the building or premises and 
other persons having a recorded interest in the property in the 
manner provided in article 212 of chapter 2 of this title for the 
service of an order of closure. If the sign is under the control of 
an outdoor advertising company and an address for such com- 
pany is reasonably ascertainable, the notice shall also be served 
on such outdoor advertising company by mail to the last known 
address for such company or, if such company is registered in 
accordance with section 28-502.2, at the address provided to 
the department by the registrant. 

§28-503.3 Hearing. The office of administrative trials and 
hearings shall conduct the hearing. The administrative law 
judge assigned to hear the matter shall submit his or her pro- 
posed findings of fact and recommended disposition to the 
commissioner. If based on such recommended disposition, 
proposed findings of fact and the record of the hearing the com- 
missioner determines (i) that the sign has a surface area greater 
than 200 square feet (19 m 2 ) and, (ii) that the sign has been 
erected, maintained, attached, affixed, painted on, or in any 
other manner represented on the building or premises in viola- 
tion of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto, he or she may order the 
removal of the illegal sign or its sign structure or both. 

§28-503.3.1 Lack of knowledge no defense. At such hear- 
ing it shall not be a defense that an owner or other person 
having an interest in the property lacked knowledge of or 
did not participate in the erection or maintenance of the ille- 
gal sign. 

§28-503.4 Posting of order. The commissioner's order of 
removal shall be posted, mailed and filed in the manner pro- 
vided in this code for an order of closure. 



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MISCELLANEOUS PROVISIONS 



§28-503.5 Enforcement of order. On or after the tenth busi- 
ness day after the posting of such order and upon the written 
directive of the commissioner, police officers and authorized 
representatives of the department shall act upon and enforce 
such order by removing, covering, painting over or otherwise 
rendering ineffective the illegal sign or its sign structure or 
both. Such work shall at all times be performed by a licensed 
sign hanger where required by law. Nothing in this article shall 
be construed to prohibit an owner or other person having an 
interest in the property from removing or causing the removal 
of an illegal sign or its sign structure prior to the arrival of such 
enforcement officers. On and after the posting of such removal 
order, no further permits for signs shall be issued for such 
building or premises pursuant to this code and, if the sign struc- 
ture is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds 
such order. 

§28-503.6 Rescission of order. The commissioner may 
rescind the order if the owner or other person having an interest 
in the building or premises provides assurance in a form satis- 
factory to the commissioner that all signs erected or maintained 
at such building or premises will be in compliance with the 
zoning resolution, this code, the 1968 building code or rules 
adopted pursuant to such provisions. If such order is rescinded, 
the commissioner shall, upon request of such owner, mort- 
gagee or other person, provide a certified copy of such rescis- 
sion which may be filed with the county clerk or register of the 
county in which such building or premises is located. 

§28-503.7 Costs. The costs and expenses for painting over, 
covering, rendering ineffective or for the removal and storage 
of such sign and its sign structure may be recovered from the 
owner of the premises or, if the illegal sign is under the control 
of an outdoor advertising company and notice was served on 
such company in accordance with this article, from such out- 
door advertising company. Such amounts may be recovered by 
the city in an action or proceeding in any court of appropriate 
jurisdiction and, with respect to amounts owed by an outdoor 
advertising company, by drawing upon any bond posted or 
other security provided by such company pursuant to section 
28-502.2. Nothing in this article shall be construed to limit the 
ability of an owner to seek recovery of such costs and expenses 
from any other party. 

§28-503.8 Lien. In addition, such costs and expenses shall con- 
stitute a lien on the land and building on which the sign was 
located which may be entered and enforced pursuant to the pro- 
visions of this code in the same manner as an unpaid fee. 

§28-503.9 Storage and disposal. The commissioner shall 
adopt rules to provide for the storage and disposal of any sign 
or sign structure removed pursuant to this article. If the identity 
and address of the owner of such property is reasonably ascer- 
tainable, notice of the removal shall be sent to the owner within 
a reasonable period of time after the removal. If such property 
is not claimed within thirty days after its removal, it shall be 
deemed to be abandoned and may be sold at a public auction 
after having been advertised in the City Record and the pro- 
ceeds paid into the general fund or if the commissioner deter- 
mines that the property is not saleable, he or she may turn over 
such property to the department of sanitation for disposal. 
Property removed pursuant to this article shall be released to 



the owner or other person lawfully entitled to possession upon 
payment of the costs of removal and storage as set forth in the 
rules of the department and any fines or civil penalties imposed 
for the violation or, if an action or proceeding for the violation 
is pending in court or before the environmental control board, 
upon the posting of a bond or other form of security acceptable 
to the department in an amount which will secure the payment 
of such costs and any fines or civil penalties which may be 
imposed for the violation. 

§28-503.10 Definitions. For the purposes of this article the 
terms "sign" and "surface area," in reference to a sign, shall be 
as defined under section 12-10 of the zoning resolution. 

§28-503.11 Review of order. An order of the commissioner 
issued pursuant to this article shall be a final determination of 
the commissioner for purposes of review pursuant to article 
seventy-eight of the civil practice law and rules. Notwithstand- 
ing any inconsistent provision of paragraph (a) of subdivision 
six of section six hundred sixty-six of the New York city char- 
ter, such order shall not be subject to review by the board of 
standards and appeals. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-81 



A-82 NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 1 

ADMINISTRATION 



SECTION FGC 101 
GENERAL 

101.1 Title. This code shall be known and may be cited as the 
"New York City Fuel Gas Coder "NYCFGC" or "FGC." All 
section numbers in this code shall be deemed to be preceded by 
the designation "FGC." 

101.2 Scope. This code shall apply to the installation of 
fuel-gas piping systems, fuel-gas utilization equipment and 
related accessories in accordance with Sections 101.2.2 
through 101.2.5. 

101.2.1 Reserved. 
' 101.2.2 Piping systems. These regulations cover piping 
systems for natural gas with an operating pressure of 125 
pounds per square inch gauge (psig) (862 kPa gauge) or 
less. Coverage shall extend to the outlet of the equipment 
shutoff valves. Piping systems requirements shall include 
design, materials, components, fabrication, assembly, 
installation, testing, inspection, operation and maintenance. 

101.2.3 Gas utilization equipment. Requirements for gas 

utilization equipment and related accessories shall include 
installation, combustion and ventilation air and venting and 
connections to piping systems. 

101.2.4 Systems and equipment outside the scope. This 

code shall not apply to the following: 

I. Portable LP-gas equipment of all types that is not 
connected to a fixed fuel piping system. 

^ 2. Oxygen-fuel gas cutting and welding systems. 

3. Industrial gas applications using gases such as acet- 
ylene and acetylenic compounds, hydrogen, ammo- 
nia, carbon monoxide, oxygen and nitrogen. 

4. Petroleum refineries, pipeline compressor or pump- 
ing stations, loading terminals, compounding 
plants, refinery tank farms and natural gas process- 
ing plants. 

5 . Integrated chemical plants or portions of such plants 
where flammable or combustible liquids or gases 
are produced by, or used in, chemical reactions. 

6. LP-gas installations at utility gas plants. 

7. Liquefied natural gas (LNG) installations. 

8. Fuel gas piping in power and atomic energy plants. 

9 . Components within proprietary items of equipment, 
apparatus or instruments such as gas-generating 
sets, compressors and calorimeters. 

10. LP-gas equipment for vaporization, gas mixing and 
gas manufacturing. 

I I. Temporary LP-gas piping for buildings under con- 
struction or renovation that is not to become part of 
the permanent piping system. 



12. Installation of LP-gas systems for railroad switch 
heating. 

13. Installation of hydrogen gas, LP-gas and com- 
pressed natural gas (CNG) systems on vehicles. 

14. Except as provided in Section 401 . 1 . 1 and Appendi- 
ces E and F, gas piping, meters, gas pressure regula- 
tors and other appurtenances used by the serving gas 
supplier in the distribution of gas, other than undi- 
luted LP-gas. 

15. Building design and construction, except as speci- 
fied herein. 

16. Piping systems for mixtures of gas and air within the 
flammable range with an operating pressure greater 
than 10 psig (69 kPa gauge). 

17. Portable fuel cell appliances that are neither con- 
nected to a fixed piping system nor interconnected 
to a power grid. 

101.2.5 Other fuels. The requirements for the design, 
installation, maintenance, alteration and inspection of 
mechanical systems operating with fuels other than fuel gas 
shall be regulated by the New York City Mechanical Code. 

101.3 Reserved. 

101.4 Intent. The purpose of this code is to provide minimum 
standards to safeguard life or limb, health, property and public 
welfare by regulating and controlling the design, construction, 
installation, quality of materials, location, operation and main- 
tenance or use of fuel gas systems. 

101.5 Severability. If a section, subsection, sentence, clause or 
phrase of this code is, for any reason, held to be unconstitu- 
tional, such decision shall not affect the validity of the remain- 
ing portions of this code. 



SECTION FGC 102 1 

APPLICABILITY 

102.1 General. The provisions of this code shall apply to all 
matters affecting or relating to structures and premises, as set 
forth in Section 101. Where, in a specific case, different sec- 
tions of this code specify different materials, methods of con- 
struction or other requirements, the most restrictive shall 
govern. 

102.2 Existing installations. Except as otherwise provided for 

in this chapter or elsewhere in this code, a provision in this code I 
shall not require the removal, alteration or abandonment of, nor 
prevent the continued utilization and maintenance of, existing 
installations lawfully in existence on the effective date of this 1 
code. 

102.2.1 Existing buildings. Additions, alterations, renova- 
tions or repairs related to building or structural issues shall 
be governed by Chapter 1 of Title 28 of the Administrative 1 



2008 NEW YORK CITY FUEL GAS CODE 



ADMINISTRATION 



i 



I Code, the New York City Building Code and the 1968 build- 
ing code, as applicable. 

102.3 Maintenance. Installations, both existing and new, and 
parts thereof shall be maintained in proper operating condition 

I in accordance with the original design and in a safe condition. 
Devices or safeguards that are required by this code shall be 
maintained in compliance with the applicable provisions under 
which they were installed. The owner or the owner's desig- 
nated agent shall be responsible for maintenance of installa- 
tions. To determine compliance with this provision, the 
commissioner shall have the authority to require an existing 
1 installation to be inspected. 

102.4 Additions, alterations or repairs. Additions, alter- 
ations, renovations or repairs to installations shall conform to 
that required for new installations without requiring the exist- 
ing installation to comply with all of the requirements of this 
code. Additions, alterations or repairs shall not cause an exist- 
ing installation to become unsafe, hazardous or overloaded. 
Minor additions, alterations, renovations and repairs to exist- 
ing installations shall meet the provisions for new construction, 
unless such work is done in the same manner and arrangement 
as was in the existing system, is not hazardous and is approved. 

102.5 Change in occupancy. Refer to Chapter 1 of Title 28 of 
the Administrative Code. 

102.6 Reserved. 

102.7 Reserved. 

102.8 Referenced standards. The standards referenced in this 
code shall be those that are listed in Chapter 8 and in the rules of 
the department and such standards shall be considered part of 
the requirements of this code to the prescribed extent of each 
such reference. Where differences occur between provisions of 
this code and the referenced standards, the provisions of this 
code shall apply. Refer to Article 103 of Chapter 1 of Title 28 
of the Administrative Code for additional provisions relating to 
referenced standards. 

102.9 Requirements not covered by code. Requirements nec- 
essary for the strength, stability or proper operation of an exist- 
ing or proposed installation, or for the public safety, health and 
general welfare, not specifically covered by this code, shall be 
determined by the commissioner. 



SECTION FGC 103 
DEPARTMENT OF BUILDINGS 

103.1 Enforcement agency. Refer to the New York City Char- 
ter and Chapter 1 of Title 28 of the Administrative Code. 

103.2 Reserved. 

103.3 Reserved. 

103.4 Reserved. 



SECTION FGC 104 

DUTIES AND POWERS OF THE COMMISSIONER 

OF BUILDINGS 

104.1 General. The commissioner shall have the authority to 

render interpretations and to adopt rules establishing policies, 



and procedures to clarify and implement the provisions of this 
code. Such interpretations and rules shall be in compliance 
with the intent and purpose of this code. See the New York City 
Charter and Chapter 1 of Title 28 of the Administrative Code 
for additional provisions relating to the authority of the Com- 
missioner of Buildings. 



SECTION FGC 105 
PERMITS 

105.1 General. Permits shall comply with this section, with 
Article 105 of Chapter 1 of Title 28 of the Administrative Code, 
and with requirements found elsewhere in this code. 

105.2 Required. Any owner or authorized agent who intends 
to construct, add to, alter, repair, move, demolish, or change the 
occupancy of a building or structure, or to erect, install, add to, 
alter, repair, remove, convert or replace any gas, mechanical or 
plumbing system, the installation of which is regulated by this 
code, or to cause any such work to be done, shall first make 
application for construction document approval in accordance 
with Chapter 1 of Title 28 of the Administrative Code and this 
chapter and obtain the required permit. 

105.3 Work exempt from permit. Exemptions from permit 
requirements of this code as authorized in Chapter 1 of Title 28 
of the Administrative Code and the rules of the department 
shall not be deemed to grant authorization for any work to be 
done in any manner in violation of the provisions of this code or 
any other laws or rules. 

105.4 Validity of permit. The issuance or granting of a permit 
shall not be construed to be a permit for, or an approval of, any 
violation of any of the provisions of this code or of any other 
law. Permits presuming to give authority to violate or cancel the 
provisions of this code or other law shall not be valid. The issu- 
ance of a permit based on construction documents and other 
data shall not prevent the commissioner from requiring the cor- 
rection of errors in the construction documents and other data. 
The commissioner is also authorized to prevent occupancy or 
use of a structure where in violation of this code or of any other 
law. 

105.5 Other permits. In addition to any permits required by 
the provisions of this code, permits for sidewalk and street 
openings shall be obtained from the Department of Transporta- 
tion. 



SECTION FGC 106 
CONSTRUCTION DOCUMENTS 

106.1 General. Construction documents shall comply with 
Article 104 of Chapter 1 of Title 28 of the Administrative Code 
and other applicable provisions of this code and its referenced 
standards. Such construction documents shall be coordinated 
with architectural, structural and means of egress plans. 

106.2 Required documents. The applicant shall submit all of 
the documents specified in Sections 106.3 through 106.8 as 
appropriate to the nature and extent of the work proposed. Con- 
struction documents shall indicate the heating, ventilating, 
refrigeration, and other mechanical work to be performed, so 



2008 NEW YORK C!TY FUEL GAS CODE 



ADMINISTRATION 



drawn as to conform to the architectural and structural aspects 
of the building and to show in detail compliance with this code. 

106.2.1 Composite plans. Composite plans showing com- 
pliance of architectural, structural, and mechanical parts of 
a building may be submitted provided that a clear under- 
standing of each part is not impaired. 

106.3 Lot diagram. The lot diagram shall be provided where 
applicable to the work proposed, including but not limited to 
the installation of exterior or rooftop equipment. 

106.4 Building classification statement. Where applicable to 
the proposed work, the statement shall identify: 

1 . The occupancy group or groups that apply to parts of the 
building in accordance with Section 302 of the New York 
City Building Code] 

2. The occupancy group of the main use or dominant occu- 
pancy of the building; 

3. The construction class of the building in accordance with 
Section 602 of the New York City Building Code', 

4. The structural occupancy category in accordance with 
Table 1604.5 of the New York City Building Code; 

5. The height of the building as defined in Section 502. 1 of 
the New York City Building Code, 

6. The applicable measurements to the highest and lowest 
level of fire department access; and 

7. Whether the building is inside or outside of the fire dis- 
tricts. 

106.5 Fuel-gas-burning equipment and fuel-gas piping 
plans. Construction documents for fuel-gas-burning equip- 
ment and fuel-gas piping shall contain plans that include the 
following data and information: 

1 . Riser diagrams showing the story heights, the gas risers, 
and related equipment. 

2. Diagrammatic floor plans showing the size, location, 
material for all gas distribution piping and related equip- 
ment. 

3. Floor plans or partial floor plans showing the location, 
layout, size, and listing information for all fuel-gas burn- 
ing equipment, gas vents, and chimneys, with the riser 
numbers coordinated with other plans and diagrams. 
The floor plans shall indicate locations of meters, shutoff 
valves, including the outside gas cut-off required by 
Appendix E, Section E6. The plans shall also indicate 
the method or means of providing air to the equipment 
space, including duct and opening sizes. 

4. Plans indicating the location and type of any relevant 
smoke and heat detectors, alarm and fire-extinguishing 
systems. 

5. Seismic protection and restraint details for piping and 
equipment as required by Chapter 16 of the New York 
City Building Code. 

6. Details indicting the location, size and materials for all 
breechings; the thickness and type of insulation materi- 
als; and the clearances from combustible walls, parti- 



tions and ceiling; and the fire-resistive ratings of rooms 
and spaces containing the equipment. 

7. Details describing the type, material, listing information, 
height, and termination distances to adjacent properties 
and structures for chimneys and gas vents. 

8. Details showing structural supports for fuel-gas-burning 
equipment where required. 

9. In areas of special flood hazards, construction docu- 
ments shall comply with Appendix G of the New York 
City Building Code. 

106.6 Heating systems. Construction documents for heating 
systems shall include the temperature to be maintained in every 
room and the output capacity in BTU per hour (W) of the cen- 
tral heating source. 

106.7 Boilers. Construction documents for boiler installations 
shall indicate the output capacity in BTU per hour (W), the 
operating weight of each boiler, the pressure setting of the 
relief valves, and such other data and information as required 
by X this code. 

106.8 Energy efficiency. Construction documents shall 
include a statement by the registered design professional of 
record that: "To the best of my knowledge, belief and profes- 
sional judgment, these plans and specifications are in compli- 
ance with the Energy Conservation Construction Code of New 
York Stater In addition, the following requirements shall 
apply: 

1. A lead energy professional shall be identified for each 
project, who shall draw the relevant information regard- 
ing envelope, mechanical systems, service water heating 
system and lighting and power systems from construc- 
tion documents into an energy analysis. The energy 
analysis shall balance total energy consumption of all 
systems in accordance with the Energy Conservation 
Construction Code of New York State and shall be signed 
and sealed by the lead energy professional. 

2. The format for the energy analysis shall be as established 
in the Energy Conservation Construction Code of New 
York State, or as approved by the department and shall 
comprise a sheet within the drawing set. Supporting doc- 
umentation shall be available within the drawing set or 
upon request of the department. 



SECTION FGC 107 (IFGC) 
INSPECTIONS AND TESTING 

107.1 General. Except as otherwise specifically provided, 
inspections required by this code or by the department during 
the progress of work may be performed on behalf of the owner 
by approved agencies or, if applicable, by special inspectors. 
However, in the interest of public safety, the commissioner may 
direct that any of such inspections be performed by the depart- 
ment. All inspections shall be performed at the sole cost and 
expense of the owner. Refer to Article 1 1 6 of Chapter 1 of Title 
28 of the Administrative Code for additional provisions relat- 
ing to inspections. In addition to any inspections otherwise 



2008 NEW YORK CITY FUEL GAS CODE 



ADMINISTRATION 



required by this code or applicable rules, the following inspec- 
tions shall be required: 

1. Progress inspections: 

LI. Underground inspection shall be made after 
trenches or ditches are excavated and bedded, 
piping is installed and before backfill is put in 
place. When excavated soil contains rocks, bro- 
ken concrete, frozen chunks and other rubble that 
would damage or break the piping or cause corro- 
sive action, clean backfill shall be on the job site. 

1 .2. Rough-in inspection shall be made after the roof, 
framing, fireblocking and bracing are in place 
and components to be concealed are complete, 
and prior to the installation of wall or ceiling 
membranes. 

2. Special inspections: Special inspections shall be per- 
formed in accordance with this code and Chapter 17 of 
the New York City Building Code. 



3. Final inspection: Refer to Article 1 16 of Chapter 
Title 28 of the Administrative Code. 



of 



4. Issuance of Certificate of Compliance: Upon satisfac- 
tory inspection of service equipment and the project sat- 
isfied all the requirements for sign-off, J: the department 
shall issue a Certificate of Compliance as applicable for 
the following service equipment: 

4.1. Fuel-gas-burning equipment, 

4.2. Heating systems, and 

4.3. Boilers. 

107.1.1 Approved inspection agencies. Refer to Articles 
1 14 and 115 of Chapter 1 of Title 28 of the Administrative 
Code. 

107.1.2 Inspection of prefabricated construction assem- 
blies. Prior to the approval of a prefabricated construction 
assembly having concealed work and the issuance of a per- 
mit, the department shall require the submittal of an evalua- 
tion report by an approved agency on each prefabricated 
construction assembly, indicating the complete details of 
the installation, including a description of the system and its 
components, the basis upon which the system is being eval- 
uated, test results and similar information and other data as 
necessary for the commissioner to determine conformance 
to this code. 

107.1.2.1 Test and inspection records. Required test 
and inspection records shall be available to the commis- 
sioner at all times during the fabrication of the installa- 
tion and the erection of the building; or such records as 
the commissioner designates shall be filed. 

107.1.3 Exposure of work. It shall be the duty of the per- 
mit holder to cause the work to remain accessible and 
exposed for inspection purposes. Neither the commissioner 
nor the city shall be liable for expense entailed in the 
removal or replacement of any material required to allow 
inspection. £ 

107.2 Testing, Installations shall be tested as required in this 
code and in accordance with Sections 107.2.1 through 107.2.3. 



Tests shall be made by the permit holder and witnessed by the I 
department or an approved agency. 1 

107.2.1 New, altered, extended or repaired installations. 

New installations and parts of existing installations that I 
have been altered, extended, renovated or repaired, shall be 
tested as prescribed herein to disclose leaks and defects. 

107.2.2 Apparatus, instruments, material and labor for 

tests. Apparatus, instruments, material and labor required 
for testing an installation or part thereof shall be furnished 
by the permit holder. 



107.2.3 Reinspection and testing. Where any work or 
installation does not pass an initial test or inspection, the 
necessary corrections shall be made so as to achieve compli- 
ance with this code. The work or installation shall then be 
resubmitted to the department for inspection and testing. 

107.3 Sign-off of completed work. Refer to Article 116 of 
Chapter 1 of Title 28 of t\\t Administrative Code. 

107.4 Temporary connection. The commissioner shall have 
the authority to allow the temporary connection of an installa- 
tion to the sources of energy for the purpose of testing the 
installation or for use under a temporary certificate of occu- 
pancy. 



SECTION FGC 108 
VIOLATIONS 

108.1 General. Refer to Chapters 2 and 3 of Title 28 of the 

Administrative Code. 

108.2 Authority to disconnect service utilities. The commis- 
sioner shall have the authority to require disconnection of util- 
ity service to the building, structure or system regulated by the 
technical codes in case of emergency where necessary to elimi- 
nate an immediate hazard to life or property. The commissioner 
shall notify the serving utility, and wherever possible, the 
owner and occupant of the building, structure or service system 
of the decision to disconnect prior to taking such action. If not 
notified prior to disconnection, the owner or occupant of the 
building, structure or service system shall be notified in writ- 
ing, as soon as practicable thereafter. 

108.3 Connection after order to disconnect. A person shall 
not make energy source connections to installations regulated 
by this code that have been disconnected or ordered to be dis- 
connected by the commissioner, or the use of which has been 
ordered to be discontinued by the commissioner until the com- 
missioner authorizes the reconnection and use of such installa- 
tions. When an installation is maintained in violation of this 
code, and in violation of a notice issued pursuant to the provi- 
sions of this section, the commissioner shall institute appropri- 
ate action to prevent, restrain, correct or abate the violation. 



2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 2 

DEFINITIONS 



SECTION FGC 201 
GENERAL 

201.1 Scope. Unless otherwise expressly stated, the following 
words and terms shall, for the purposes of this code and stan- 
dard, have the meanings indicated in this chapter. 

201.2 Interchangeable ty. Words used in the present tense 
include the future; words in the masculine gender include the 
feminine and neuter; the singular number includes the plural 
and the plural, the singular. 

201.3 Terms defined in other codes. Where terms are not 
defined in this code and are defined in the New York City Elec- 
trical Code, New York City Building Code, New York City Fire 
Code, New York City Mechanical Code or New York City 
Plumbing Code, such terms shall have meanings ascribed to 
them as in those codes. 

201.4 Terms not defined. Where terms are not defined 
through the methods authorized by this section, such terms 
shall have ordinarily accepted meanings such as the context 
implies. 



1 SECTION FGC 202 

GENERAL DEFINITIONS 

ACCESS (TO). That which enables a device, appliance or 
equipment to be reached by ready access or by a means that first 
requires the removal or movement of a panel, door or similar 
obstruction (see also "Ready access"). 

■ ADMINISTRATIVE CODE. The Administrative Code of the 
City of New York. 

AIR CONDITIONER, GAS-FIRED. A gas-burning, auto- 
matically operated appliance for supplying cooled and/or 
dehumidified air or chilled liquid. 

AIR CONDITIONING. The treatment of air so as to control 
simultaneously the temperature, humidity, cleanness and dis- 
tribution of the air to meet the requirements of a conditioned 
space. 

AIR, EXHAUST. Air being removed from any space or piece 
of equipment and conveyed directly to the atmosphere by 
means of openings or ducts. 

AIR-HANDLING UNIT. A blower or fan used for the pur- 
pose of distributing supply air to a room, space or area. 

AIR, MAKEUP. Air that is provided to replace air being 
exhausted. 

(ALTERATION. Any construction, addition, change of use or 
occupancy, or renovation to a building or structure in existence. 
See Section 28-101.5 of the Administrative Code. 

ANODELESS RISER. A transition assembly in which plastic 
piping is installed and terminated above ground outside of a 
building. 



APPLIANCE (EQUIPMENT). Any apparatus or equipment 
that utilizes gas as a fuel or raw material to produce light, heat, 
power, refrigeration or air conditioning. 

APPLIANCE, FAN-ASSISTED COMBUSTION. An appli- 
ance equipped with an integral mechanical means to either 
draw or force products of combustion through the combustion 
chamber or heat exchanger. 

APPLIANCE, AUTOMATICALLY CONTROLLED. 
Appliances equipped with an automatic burner ignition and 
safety shutoff device and other automatic devices which 
accomplish complete turn-on and shutoff of the gas to the main 
burner or burners, and graduate the gas supply to the burner or 
burners, but do not affect complete shutoff of the gas. 

APPLIANCE TYPE. 

Low-heat appliance (residential appliance). Any appli- 
ance in which the products of combustion at the point of 
entrance to the flue under normal operating conditions have 
a temperature of 1,000°F (538°C) or less. 

Medium-heat appliance. Any appliance in which the prod- 
ucts of combustion at the point of entrance to the flue under 
normal operating conditions have a temperature of more 
than 1,000°F (538°C), but not greater than 2,000°F 
(1093°C). 

APPLIANCE, UNVENTED. An appliance designed or 
installed in such a manner that the products of combustion are 
not conveyed by a vent or chimney directly to the outside atmo- 
sphere. 

APPLIANCE, VENTED. An appliance designed and 
installed in such a manner that all of the products of combus- 
tion are conveyed directly from the appliance to the outside 
atmosphere through an approved chimney or vent system. 

APPROVED. Acceptable to the commissioner. In reference to 
construction documents, the determination by the department 
after full examination that submitted construction documents 
comply with this code and other applicable laws and rules. In 
reference to materials, the determination by the commissioner 
that material is acceptable for its intended use. See Section 
28-101.5 of the Administrative Code. 

APPROVED AGENCY. An established and recognized 
agency, or other qualified person, regularly engaged in con- 
ducting tests or furnishing inspection services, when approved 
pursuant to department rules as qualified to perform or witness 
identified testing or inspection services. See Chapter 1 of Title 
28 of the Administrative Code. 

APPROVED INSPECTION AGENCY. An approved 
agency that is approved by the department as qualified to per- 
form one or more of the inspections required by this code. See 
Chapter 1 of Title 28 of the Administrative Code. 

APPROVED TESTING AGENCY. An approved agency that 
is approved by the department as qualified to test and evaluate 



2008 NEW YORK CITY FUEL GAS CODE 



DEFINITIONS 



the performance of one or more of the materials regulated in 
their use by this code. Such term shall include, when approved 
pursuant to department rules, a third-party testing or certifica- 
tion agency, evaluation agency, testing laboratory, testing ser- 
vice or other entity concerned with product evaluation. See 
Chapter 1 of Title 28 of the Administrative Code. 

ARCHITECT. A person licensed and registered to practice 
the profession of architecture under the Education Law of the 
State of New York. 

ATMOSPHERIC PRESSURE. The pressure of the weight of 
air and water vapor on the surface of the earth, approximately 
14.7 pounds per square inch (psi) (101 kPa absolute) at sea 
level. 

AUTOMATIC IGNITION. Ignition of gas at the burner(s) 
when the gas controlling device is turned on, including 
reignition if the flames on the burner(s) have been extinguished 
by means other than by the closing of the gas controlling 
device. 

BAFFLE. An object placed in an appliance to change the 
direction of or retard the flow of air, air-gas mixtures or flue 
gases. 

BAROMETRIC DRAFT REGULATOR. A balanced 
damper device attached to a chimney, vent connector, breech- 
ing or flue gas manifold to protect combustion equipment by 
controlling chimney draft. A double-acting barometric draft 
regulator is one in which the balancing damper is free to move 
in either direction to protect combustion equipment from both 
excessive draft and backdraft. 

BOILER, HIGH-PRESSURE. An appliance (equipment) for 
supplying steam or hot water that, for a steam boiler, operates at 
a pressure of more than 15 psig (103 kPa gauge), and for a hot 
water boiler, operates at a pressure exceeding 150 psig (1034 
kPa gauge) or at a temperature exceeding 250°F (121°C). 

BOILER, LOW-PRESSURE. A self-contained appliance for 
supplying steam or hot water as follows: 

Hot water heating boiler. A boiler in which no steam is 
generated, from which hot water is circulated for heating 
purposes and then returned to the boiler, and that operates at 
water pressures not exceeding 160 pounds per square inch 
gauge (psig) (1100 kPa gauge) and at water temperatures 
not exceeding 250°F (121 °C) at or near the boiler outlet. 

Hot water supply boiler. A boiler, completely filled with 
water, which furnishes hot water to be used externally to 
itself, and that operates at water pressures not exceeding 160 
psig (.1.1.00 kPa gauge) and at water temperatures not 
exceeding 250°F (121°C) at or near the boiler outlet. 

Steam heating boiler. A boiler in which steam is generated 
and that operates at a steam pressure not exceeding 15 psig 
(103 kPa gauge). 

BRAZING. A metal-joining process wherein coalescence is 
produced by the use of a nonferrous filler metal having a melt- 
ing point above 1,000°F (538°C), but lower than that of the 
base metal being joined. The filler material is distributed 
between the closely fitted surfaces of the joint by capillary 
action. 



BROILER. A general term including salamanders, barbecues 
and other appliances cooking primarily by radiated heat, 
excepting toasters. 

BTU. Abbreviation for British Thermal Unit, which is the 
quantity of heat required to raise the temperature of 1 pound 
(454 g) of water 1°F (0.56°C) (1 Btu = 1055 J). 

BURNER. A device for the final conveyance of the gas, or a 
mixture of gas and air, to the combustion zone. 

Induced-draft. A burner that depends on draft induced by a 
fan that is an integral part of the appliance and is located 
downstream from the burner. 

Power. A burner in which gas, air or both are supplied at 
pressures exceeding, for gas, the line pressure, and for air, 
atmospheric pressure, with this added pressure being 
applied at the burner. 

CHIMNEY. A primarily vertical structure containing one or 
more flues, for the purpose of carrying gaseous products of 
combustion and air from a fuel-burning appliance to the out- 
side atmosphere. 

Factory-built chimney. A listed and labeled chimney com- 
posed of factory-made components, assembled in the field 
in accordance with manufacturer's instructions and the con- 
ditions of the listing. 

Masonry chimney. A field-constructed chimney composed 
of solid masonry units, bricks, stones or concrete. 

Metal chimney. A field-constructed chimney of metal. 

CLEARANCE. The minimum distance through air measured 
between the heat-producing surface of the mechanical appli- 
ance, device or equipment and the surface of the combustible 
material or assembly. 

CLOTHES DRYER. An appliance used to dry wet laundry by 
means of heated air. Dryer classifications are as follows: 

Type 1. Factory-built package, multiple production. Pri- 
marily used in family living environment. Usually the 
smallest unit physically and in function output. 

Type 2. Factory-built package, multiple production. Used in 
business with direct intercourse of the function with the 
public. Not designed for use in individual family living 
environment. 

COMBUSTION. In the context of this code, refers to the rapid 
oxidation of fuel accompanied by the production of heat or heat 
and light. 

COMBUSTION AIR. Air necessary for complete combus- 
tion of a fuel, including theoretical air and excess air. 

COMBUSTION CHAMBER. The portion of an appliance 
within which combustion occurs. 

COMBUSTION PRODUCTS. Constituents resulting from 
the combustion of a fuel with the oxygen of the air, including 
inert gases, but excluding excess air. 

COMMISSIONER. The Commissioner of Buildings of the 
City of New York or his or her duly authorized representative. 
See Section 28-101.5 of the Administrative Code. 



2008 NEW YORK CITY FUEL GAS CODE 



DEFINITIONS 



CONCEALED LOCATION. A location that cannot be 
accessed without damaging permanent parts of the building 
structure or finished surface. Spaces above, below or behind 
readily removable panels or doors shall not be considered as 
concealed. 

CONCEALED PIPING. Piping that is located in a concealed 
I location (see "Concealed Location"). 

CONDENSATE. The liquid that condenses from a gas 
(including flue gas) caused by a reduction in temperature or 
increase in pressure. 

CONNECTOR. The pipe that connects an approved appliance 
to a chimney, flue or vent. 

■ CONSTRUCTION DOCUMENTS. Plans and specifica- 
tions and other written, graphic and pictorial documents, pre- 
pared or assembled for describing the design, location and 
physical characteristics of the elements of the project necessary 

■ for obtaining a building permit. See Section 28-101.5 of the 
Administrative Code. 

CONTROL. A manual or automatic device designed to regu- 
late the gas, air, water or electrical supply to, or operation of, a 
mechanical system. 

CONVERSION BURNER. A unit consisting of a burner and 
its controls for installation in an appliance originally utilizing 
another fuel. 

COUNTER APPLIANCES. Appliances such as coffee brew- 
ers and coffee urns and any appurtenant water-heating equip- 
ment, food and dish warmers, hot plates, griddles, waffle 
bakers and other appliances designed for installation on or in a 
counter. 

CUBIC FOOT. The amount of gas that occupies 1 cubic foot 
(0.02832 m 3 ) when at a temperature of 60°F (16°C), saturated 
with water vapor and under a pressure equivalent to that of 30 
inches of mercury (101 kPa). 

DAMPER. A manually or automatically controlled device to 
regulate draft or the rate of flow of air or combustion gases. 

DECORATIVE APPLIANCE, VENTED. A vented appli- 
ance wherein the primary function lies in the aesthetic effect of 
the flames. 

DECORATIVE APPLIANCES FOR INSTALLATION IN 
VENTED FIREPLACES. A vented appliance designed for 
installation within the fire chamber of a vented fireplace, 
wherein the primary function lies in the aesthetic effect of the 
flames. 
DEMAND. The maximum amount of gas input required per 

■ unit of time, usually expressed in cubic feet per hour (1 ft 3 = 
0.0283 m 3 ), or Btu/h (1 Btu/h = 0.2931 W). 
DILUTION AIR. Air that is introduced into a draft hood and 
is mixed with the flue gases. 

DIRECT- VENT APPLIANCES. Appliances that are con- 
structed and installed so that all air for combustion is derived 
directly from the outside atmosphere and all flue gases are dis- 
charged directly to the outside atmosphere. 

DRAFT. The pressure difference existing between the equip- 
ment or any component part and the atmosphere, that causes a 



continuous flow of air and products of combustion through the 
gas passages of the appliance to the atmosphere. 

Mechanical or induced draft. The pressure difference cre- 
ated by the action of a fan, blower or ejector, that is located 
between the appliance and the chimney or vent termination. 

Natural draft The pressure difference created by a vent or 
chimney because of its height, and the temperature differ- 
ence between the flue gases and the atmosphere. 

DRAFT HOOD. A nonadjustable device built into an appli- 
ance, or made as part of the vent connector from an appliance, 
that is designed to ( 1 ) provide for ready escape of the flue gases 
from the appliance in the event of no draft, backdraft or stop- 
page beyond the draft hood, (2) prevent a backdraft from enter- 
ing the appliance, and (3) neutralize the effect of stack action of 
the chimney or gas vent upon operation of the appliance. 

DRAFT REGULATOR. A device that functions to maintain a 
desired draft in the appliance by automatically reducing the 
draft to the desired value. 

DRIP. A nipple and cap placed at a lowpoint in a system of pip- 1 
ing to collect condensate and from which the condensate is 
removable. 

DRY GAS. A gas having a moisture and hydrocarbon dew 
point below any normal temperature to which the gas piping is 
exposed. 

DUCT FURNACE. A warm-air furnace normally installed in 
an air distribution duct to supply warm air for heating. This def- 
inition shall apply only to a warm-air heating appliance that 
depends for air circulation on a blower not furnished as part of 
the furnace. 

DUCT SYSTEM. A continuous passageway for the transmis- 
sion air that, in addition to ducts, includes duct fittings, damp- 
ers, plenums, fans and accessory air-handling equipment and 
appliances. 

ENGINEER. A person licensed and registered to practice the 
profession of engineering under the Education Law of the State 
of New York. 

EQUIPMENT. See "Appliance." 

FIREPLACE. A fire chamber and hearth constructed of 
noncombustible material for use with solid fuels and provided 
with a chimney. 

Masonry fireplace. A hearth and fire chamber of solid 
masonry units such as bricks, stones, listed masonry units or 
reinforced concrete, provided with a suitable chimney. 

Factory-built fireplace. A fireplace composed of listed 
factory-built components assembled in accordance with the 
terms of listing to form the completed fireplace. 

FIRING VALVE. A valve of the plug and barrel type designed 
for use with gas, and equipped with a lever handle for manual 
operation and a dial to indicate the percentage of opening. 

FLAME SAFEGUARD. A device that will automatically shut 
off the fuel supply to a main burner or group of burners when 
the means of ignition of such burners becomes inoperative, and 
when flame failure occurs on the burner or group of burners. 



2008 NEW YORK CITY FUEL GAS CODE 



DEFINITIONS 



FLOOR FURNACE. A completely self-contained furnace 
suspended from the floor of the space being heated, taking air 
for combustion from outside such space and with means for 
observing flames and lighting the appliance from such space. 

Gravity type. A floor furnace depending primarily upon 
circulation of air by gravity. This classification shall also 
include floor furnaces equipped with booster-type fans 
which do not materially restrict free circulation of air by 
gravity flow when such fans are not in operation. 

Fan type. A floor furnace equipped with a fan which pro- 
vides the primary means for circulating air. 

FLUE. A passageway within a chimney or vent through which 
gaseous combustion products pass. 

FLUE, APPLIANCE. The passage(s) within an appliance 
through which combustion products pass from the combustion 
chamber of the appliance to the draft hood inlet opening on an 
appliance equipped with a draft hood or to the outlet of the 
appliance on an appliance not equipped with a draft hood. 

FLUE COLLAR. That portion of an appliance designed for 
the attachment of a draft hood, vent connector or venting sys- 
tem. 

FLUE GASES. Products of combustion plus excess air in 
appliance flues or heat exchangers. 

FLUE LINER (LINING). A system or material used to form 
the inside surface of a flue in a chimney or vent, for the purpose 
of protecting the surrounding structure from the effects of com- 
bustion products and for conveying combustion products with- 
out leakage into the atmosphere. 

FUEL GAS. Fuel gases include: a natural gas, manufactured 
gas, liquefied petroleum gas, hydrogen gas and mixtures of 
these gases. 

FUEL GAS UTILIZATION EQUIPMENT. See "Appli- 
ance" 

FURNACE. A completely self-contained heating unit that is 
designed to supply heated air to spaces remote from or adjacent 
to the appliance location. 

FURNACE, CENTRAL. A self-contained appliance for heat- 
ing air by transfer of heat of combustion through metal to the 
air, and designed to supply heated air through ducts to spaces 
remote from or adjacent to the appliance location. 

Downflow furnace. A furnace designed with airflow dis- 
charge vertically downward at or near the bottom of the fur- 
nace. 

Forced-air furnace with cooling unit. A single-package 
unit, consisting of a gas-fired forced-air furnace of one of 
the types listed below combined with an electrically or fuel 
gas-powered summer air-conditioning system, contained in 
a common casing. 

Forced-air type. A central furnace equipped with a fan or 
blower which provides the primary means for circulation of 
air. 



Gravity furnace with booster fan. A furnace equipped 
with a booster fan that does not materially restrict free circu- 
lation of air by gravity flow when the fan is not in operation. 

Gravity type. A central furnace depending primarily on cir- 
culation of air by gravity. 

Horizontal forced-air type. A furnace with airflow 
through the appliance essentially in a horizontal path. 

Multiple-position furnace. A furnace designed so that it 
can be installed with the airflow discharge in the upflow, 
horizontal or downflow direction. 

Upflow furnace. A furnace designed with airflow dis- 
charge vertically upward at or near the top of the furnace. 
This classification includes "highboy" furnaces with the 
blower mounted below the heating element and "lowboy" 
furnaces with the blower mounted beside the heating ele- 
ment. 

FURNACE, ENCLOSED. A specific heating, or heating and 
ventilating, furnace incorporating an integral total enclosure 
and using only outside air for combustion. 

FURNACE PLENUM. An air compartment or chamber to 
which one or more ducts are connected and which forms part of 
an air distribution system. 

GAS CONVENIENCE OUTLET. A permanently mounted, 
manually operated device that provides the means for connect- 
ing an appliance to, and disconnecting an appliance from, the 
supply piping. The device includes an integral, manually oper- 
ated valve with a nondisplaceable valve member and is 
designed so that disconnection of an appliance only occurs 
when the manually operated valve is in the closed position. 

GAS PIPING. An installation of pipe, valves or fittings 
installed on a premises or in a building and utilized to convey 
fuel gas. 

GAS UTILIZATION EQUIPMENT. An appliance that uti- 
lizes gas as a fuel or raw material or both. 

HAZARDOUS LOCATION. Any location considered to be a 
fire hazard for flammable vapors, dust, combustible fibers or 
other highly combustible substances. The location is not neces- 
sarily categorized in the New York City Building Code as a I 
high-hazard group classification. 

HOUSE PIPING. See "Piping system." 4 

IGNITION PILOT. A pilot that operates during the lighting * 
cycle and discontinues during main burner operation. 

IGNITION SOURCE. A flame, spark or hot surface capable 
of igniting flammable vapors or fumes. Such sources include 
appliance burners, burner ignitors, and electrical switching 
devices. 

INCINERATOR. An appliance used to reduce combustible 
refuse material to ashes and which is manufactured, sold and 
installed as a complete unit. 

INDUSTRIAL AIR HEATERS, DIRECT-FIRED 
NONRECIRCULATING. A heater in which all the products 
of combustion generated by the burners are released into the air 



2008 NEW YORK CITY FUEL GAS CODE 



DEFINITIONS 



stream being heated. The purpose of the heater is to offset 
building heat loss by heating only outdoor air. 

INDUSTRIAL AIR HEATERS, DIRECT-FIRED RECIR- 
CULATING. A heater in which all the products of combustion 
generated by the burners are released into the air stream being 
heated. The purpose of the heater is to offset building heat loss 
by heating outdoor air, and, if applicable, indoor air. 

INFRARED RADIANT HEATER. A heater that directs a 
substantial amount of its energy output in the form of infrared 
radiant energy into the area to be heated. Such heaters are of 
either the vented or unvented type. 

JOINT, FLANGED. A joint made by bolting together a pair of 
flanged ends. 

JOINT, FLARED. A metal- to-metal compression joint in 
which a conical spread is made on the end of a tube that is com- 
pressed by a flare nut against a mating flare. 

JOINT, MECHANICAL. A general form of gas-tight joints 
obtained by the joining of metal parts through a positive-hold- 
ing mechanical construction, such as flanged joint, threaded 
joint, flared joint or compression joint. 

JOINT, PLASTIC ADHESIVE. A joint made in thermoset 
plastic piping by the use of an adhesive substance which forms 
a continuous bond between the mating surfaces without dis- 
solving either one of them. 

JOINT, PLASTIC HEAT FUSION. A joint made in thermo- 
plastic piping by heating the parts sufficiently to permit fusion 
of the materials when the parts are pressed together. 

JOINT, WELDED. A gas-tight joint obtained by the joining 
of metal parts in molten state. 

LABELED. Materials to which has been attached a label, sym- 
bol or other identifying mark of the manufacturer that contains 
the name of the manufacturer, the function and performance 
characteristics of the product or material, and the name and 
identification of an approved agency and that indicates that a 
representative sample of the material has been tested and evalu- 
ated by an approved agency for compliance with nationally 
recognized standards or tests to determine suitable usage in a 
specified manner. See Section 28-101 .5 of the Administrative 
Code. 

LIMIT CONTROL. A device responsive to changes in pres- 
sure, temperature or level for turning on, shutting off or throt- 
tling the gas supply to an appliance. 

LIQUEFIED PETROLEUM GAS or LPG (LP-GAS). Liq- 
uefied petroleum gas composed predominately of propane, 
propylene, butanes or butylenes, or mixtures thereof that is gas- 
eous under normal atmospheric conditions, but is capable of 
being liquefied under moderate pressure at normal tempera- 
tures. 

LISTED. Material identified in a list published by an approved 
agency that maintains periodic inspection of production of 
listed material or periodic evaluation services and whose list- 
ing states either that the material meets identified nationally 
recognized standards or has been tested and found suitable for 
a specified purpose when installed in accordance with the man- 



ufacturer's installation instructions. See Section 28-101.5 of 1 
the Administrative Code. ■ 

LIVING SPACE. Space within a dwelling unit utilized for liv- 
ing, sleeping, eating, cooking, bathing, washing and sanitation 
purposes. 

LOG LIGHTER. A manually operated solid fuel ignition 
appliance for installation in a vented solid fuel-burning fire- 
place. 

LUBRICATED PLUG-TYPE VALVE. A valve of the plug 
and barrel type provided with means for maintaining a lubri- 
cant between the bearing surfaces. 

MAIN BURNER. A device or group of devices essentially 
forming an integral unit for the final conveyance of gas or a 
mixture of gas and air to the combustion zone, and in which 
combustion takes place to accomplish the function for which 
the appliance is designed. 

MECHANICAL EXHAUST SYSTEM. Equipment 
installed in and made a part of the vent, which will provide a 
positive induced draft. 

METER. The instrument installed to measure the volume of 
gas delivered through it. 

MODULATING. Modulating or throttling is the action of a 
control from its maximum to minimum position in either pre- 
determined steps or increments of movement as caused by its 
actuating medium. 

MP REGULATOR. A medium-pressure gas regulator, the 
capacity of which shall be determined by the manufacturer. 

NPS. An abbreviation for "Nominal pipe size." 

OCCUPANCY. The purpose or activity for which a building 
or space is used or is designed, arranged or intended to be used. 

OFFSET (VENT). A combination of approved bends that 
makes two changes in direction bringing one section of the vent 
out of line but into a line parallel with the other section. 

ORIFICE. The opening in a cap, spud or other device whereby 
the flow of gas is limited and through which the gas is dis- 
charged to the burner. 

OUTLET. A threaded connection or bolted flange in a pipe 
system to which a gas-burning appliance is attached. 

OXYGEN DEPLETION SAFETY SHUTOFF SYSTEM 
(ODS). A system designed to act to shut off the gas supply to 
the main and pilot burners if the oxygen in the surrounding 
atmosphere is reduced below a predetermined level. 

PILOT. A small flame that is utilized to ignite the gas at the 
main burner or burners. 

PIPING. Where used in this code, "piping" refers to either 
pipe or tubing, or both. 

Pipe. A rigid conduit of iron, steel, copper, brass or plastic. 

Tubing. Semirigid conduit of copper, aluminum, plastic or 
steel. 

PIPING SYSTEM. All fuel piping, valves and fittings from 
the outlet of the point of delivery to the outlets of the equipment 
shutoff valves. 



2008 NEW YORK CITY FUEL GAS CODE 



DEFINITIONS 



PLASTIC, THERMOPLASTIC. A plastic that is capable of 
being repeatedly softened by increase of temperature and hard- 
ened by decrease of temperature. 

POINT OF DELIVERY. For natural gas systems, the point of 
delivery is the outlet of the service meter assembly, or the outlet 
of the service regulator or service shutoff valve where a meter 
is not provided. Where a valve is provided at the outlet of the 
service meter assembly, such valve shall be considered to be 
downstream of the point of delivery. For undiluted liquefied 
petroleum gas systems, the point of delivery shall be consid- 
ered the outlet of the first-stage pressure regulator that provides 
$> utilization pressure, exclusive of line gas regulators. 

PORTABLE FUEL CELL APPLIANCE. A fuel cell gener- 
ator of electricity, which is not fixed in place. A portable fuel 
cell appliance utilizes a cord and plug connection to a grid-iso- 
lated load and has an integral fuel supply. 

PRESSURE DROP. The loss in pressure due to friction or 
obstruction in pipes, valves, fittings, regulators and burners. 

PRESSURE TEST. An operation performed to verify the 
gas-tight integrity of gas piping following its installation or 
modification. 

PURGE. To free a gas conduit of air or gas, or a mixture of gas 
and air. 

QUICK-DISCONNECT DEVICE. A hand-operated device 
that provides a means, for connecting and disconnecting an 
appliance or an appliance connector to a gas supply and that is 
equipped with an automatic means to shut off the gas supply 
when the device is disconnected. 

READY ACCESS (TO). That which enables a device, appli- 
ance or equipment to be directly reached, without requiring the 
removal or movement of any panel, door or similar obstruction 
(see "Access"). 

REGISTERED DESIGN PROFESSIONAL. An architect 
or engineer. 

REGISTERED DESIGN PROFESSIONAL OF 
RECORD. The registered design professional who prepared 
or supervised the preparation of applicable construction docu- 
ments filed with the department. 

REGULATOR. A device for controlling and maintaining a 
uniform supply pressure, either pounds-to-inches water col- 
umn (MP regulator) or inches-to-inches water column (appli- 
ance regulator). 

REGULATOR, GAS APPLIANCE. A pressure regulator for 
controlling pressure to the manifold of equipment. Types of 
appliance regulators are as follows: 

Adjustable. 

1. Spring type, limited adjustment. A regulator in 
which the regulating force acting upon the diaphragm 
is derived principally from a spring, the loading of 
which is adjustable over a range of not more than 15 
percent of the outlet pressure at the midpoint of the 
adjustment range. 

2. Spring type, standard adjustment. A regulator in 
which the regulating force acting upon the diaphragm 
is derived principally from a spring, the loading of 



which is adjustable. The adjustment means shall be 
concealed. 

Multistage. A regulator for use with a single gas whose 
adjustment means is capable of being positioned manually 
or automatically to two or more predetermined outlet pres- 
sure settings. Each of these settings shall be adjustable or 
nonadjustable. The regulator may modulate outlet pressures 
automatically between its maximum and minimum prede- 
termined outlet pressure settings. 

Nonadjustable. 

1. Spring type, nonadjustable. A regulator in which 
the regulating force acting upon the diaphragm is 
derived principally from a spring, the loading of 
which is not field adjustable. 

2. Weight type. A regulator in which the regulating 
force acting upon the diaphragm is derived from a 
weight or combination of weights. 

REGULATOR, LINE GAS PRESSURE. A device placed in 
a gas line between the service pressure regulator and the equip- 
ment for controlling, maintaining or reducing the pressure in 
that portion of the piping system downstream of the device. 

REGULATOR, MEDIUM-PRESSURE. A medium-pres- 
sure (MP) regulator reduces the gas piping pressure to the 
appliance regulator or to the appliance utilization pressure. 

REGULATOR, PRESSURE. A device placed in a gas line for 
reducing, controlling and maintaining the pressure in that por- 
tion of the piping system downstream of the device. 

REGULATOR, SERVICE PRESSURE. A device installed 
by the serving gas supplier to reduce and limit the service line 
pressure to delivery pressure. 

RELIEF OPENING. The opening provided in a draft hood to 
permit the ready escape to the atmosphere of the flue products 
from the draft hood in the event of no draft, back draft, or stop- 
page beyond the draft hood, and to permit air into the draft hood 
in the event of a strong chimney updraft. 

RELIEF VALVE (DEVICE). A safety valve designed to fore- 
stall the development of a dangerous condition by relieving 
either pressure, temperature or vacuum in the hot water supply 
system. 

RELIEF VALVE, PRESSURE. An automatic valve that 
opens and closes a relief vent, depending on whether the pres- 
sure is above or below a predetermined value. 

RELIEF VALVE, TEMPERATURE. 

Reseating or self-closing type. An automatic valve that 
opens and closes a relief vent, depending on whether the 
temperature is above or below a predetermined value. 

Manual reset type. A valve that automatically opens a 
relief vent at a predetermined temperature and that must be 
manually returned to the closed position. 

RELIEF VALVE, VACUUM. A valve that automatically 
opens and closes a vent for relieving a vacuum within the hot 
water supply system, depending on whether the vacuum is 
above or below a predetermined value. 

RISER, GAS. A vertical pipe supplying fuel gas. 



10 



2008 NEW YORK CITY FUEL GAS CODE 



DEFINITIONS 



ROOM HEATER, UNVENTED. See "Unvented room 
heater." 

1 ROOM HEATER, VENTED. See "Vented room heater." 

ROOM LARGE IN COMPARISON WITH SIZE OF 
EQUIPMENT. Rooms having a volume equal to at least 12 
times the total volume of a furnace or air-conditioning appli- 
ance and at least 1 6 times the total volume of a boiler. Total vol- 
ume of the appliance is determined from exterior dimensions 
and is to include fan compartments and burner vestibules, when 
used. When the actual ceiling height of a room is greater than 8 
feet (2438 mm), the volume of the room is figured on the basis 
of a ceiling height of 8 feet (2438 mm). 

SAFETY SHUTOFF DEVICE. See "Flame safeguard." 

■ SERVICE PIPING. All fuel-gas piping, valves and fittings 
upstream of the point of delivery. 

SHAFT. An enclosed space extending through one or more 
stories of a building, connecting vertical openings in succes- 
sive floors, or floors and the roof. 

SPECIFIC GRAVITY. As applied to gas, specific gravity is 
the ratio of the weight of a given volume to that of the same vol- 
ume of air, both measured under the same condition. 

STATIONARY FUEL CELL POWER PLANT. A self-con- 
tained package or factory-matched packages which constitute 
an automatically operated assembly of integrated systems for 
generating electrical energy and recoverable thermal energy 
that is permanently connected and fixed in place. 

THERMOSTAT 

Electric switch type. A device that senses changes in tem- 
perature and controls electrically, by means of separate 
components, the flow of gas to the burner(s) to maintain 
selected temperatures. 

Integral gas valve type. An automatic device, actuated by 
temperature changes, designed to control the gas supply to 
the burner(s) in order to maintain temperatures between pre- 
determined limits, and in which the thermal actuating ele- 
ment is an integral part of the device. 

1. Graduating thermostat. A thermostat in which the 
motion of the valve is approximately in direct propor- 
tion to the effective motion of the thermal element 
induced by temperature change. 

2. Snap-acting thermostat. A thermostat in which the 
thermostatic valve travels instantly from the closed to 
the open position, and vice versa. 

TRANSITION FITTINGS, PLASTIC TO STEEL. An 
adapter for joining plastic pipe to steel pipe. The purpose of this 
fitting is to provide a permanent, pressure-tight connection 
between two materials which cannot be joined directly one to 
another. 

UNIT HEATER 

High-static pressure type. A self-contained, automatically 
controlled, vented appliance having integral means for cir- 
culation of air against 0.2 inch ( 1 5 mm H 2 0) or greater static 
pressure. Such appliance is equipped with provisions for 
attaching an outlet air duct and, where the appliance is for 



indoor installation remote from the space to be heated, is 
also equipped with provisions for attaching an inlet air duct. 

Low-static pressure type. A self-contained, automatically 
controlled, vented appliance, intended for installation in the 
space to be heated without the use of ducts, having integral 
means for circulation of air. Such units are allowed to be 
equipped with louvers or face extensions made in accor- 
dance with the manufacturer's specifications. 

UNLISTED BOILER. A boiler not listed by a nationally rec- 
ognized testing agency. 

UNVENTED ROOM HEATER. An unvented heating appli- 
ance designed for stationary installation and utilized to provide 
comfort heating. Such appliance provides radiant heat or con- 1 
vection heat by gravity or fan circulation directly from the 
heater and does not utilize ducts. 

VALVE. A device used in piping to control the gas supply to 
any section of a system of piping or to an appliance. 

Automatic. An automatic or semiautomatic device consist- 
ing essentially of a valve and operator that control the gas 
supply to the burner(s) during operation of an appliance. 
The operator shall be actuated by application of gas pressure 
on a flexible diaphragm, by electrical means, by mechanical 
means, or by other approved means. 

Automatic gas shutoff. A valve used in conjunction with an 
automatic gas shutoff device to shut off the gas supply to a 
water-heating system. It shall be constructed integrally with 
the gas shutoff device or shall be a separate assembly. 

Equipment shutoff. A valve located in the piping system, 
used to isolate individual equipment for purposes such as 
service or replacement. 

Individual main burner. A valve that controls the gas sup- 
ply to an individual main burner. 

Main burner control. A valve that controls the gas supply 
to the main burner manifold. 

Manual main gas-control. A manually operated valve in 
the gas line for the purpose of completely turning on or shut- 
ting off the gas supply to the appliance, except to pilot or 
pilots that are provided with independent shutoff. 

Manual reset. An automatic shutoff valve installed in the 
gas supply piping and set to shut off when unsafe conditions 
occur. The device remains closed until manually reopened. 

Service shutoff. A valve, installed by the serving gas sup- 
plier between the service meter or source of supply and the 
customer piping system, to shut off the entire piping system. 

VENT. A pipe or other conduit composed of factory-made 
components, containing a passageway for conveying combus- 
tion products and air to the atmosphere, listed and labeled for 
use with a specific type or class of appliance. 

Special gas vent. A vent listed and labeled for use with 
listed Category II, III and IV appliances. 

Type B vent A vent listed and labeled for use with appli- 
ances with draft hoods and other Category I appliances that 
are listed for use with Type B vents. 



2008 NEW YORK CITY FUEL GAS CODE 



11 



DEFINITIONS 



Type BW vent. A vent listed and labeled for use with wall 
furnaces. 

Type L vent. A vent listed and labeled for use with appli- 
ances that are listed for use with Type L or Type B vents. 

VENT CONNECTOR. (See "Connector"). 

VENT GASES. Products of combustion from appliances plus 
excess air plus dilution air in the vent connector, gas vent or 
chimney above the draft hood or draft regulator. 

VENTED APPLIANCE CATEGORIES. Appliances that 
are categorized for the purpose of vent selection are classified 
into the following four categories: 

Category I. An appliance that operates with a nonpositive 
vent static pressure and with a vent gas temperature that 
avoids excessive condensate production in the vent. 

Category II. An appliance that operates with a nonpositive 
vent static pressure and with a vent gas temperature that is 
capable of causing excessive condensate production in the 
vent. 

Category III. An appliance that operates with a positive 
vent static pressure and with a vent gas temperature that 
avoids excessive condensate production in the vent. 

Category IV. An appliance that operates with a positive 
vent static pressure and with a vent gas temperature that is 
capable of causing excessive condensate production in the 
vent. 

VENTED ROOM HEATER. A vented self-contained, 
free-standing, nonrecessed appliance for furnishing warm air 
to the space in which it is installed, directly from the heater 
without duct connections. 

VENTED WALL FURNACE. A self-contained vented appli- 
ance complete with grilles or equivalent, designed for incorpo- 
ration in or permanent attachment to the structure of a building, 
mobile home or travel trailer, and furnishing heated air circu- 
lated by gravity or by a fan directly into the space to be heated 
through openings in the casing. This definition shall exclude 
floor furnaces, unit heaters and central furnaces as herein 
defined. 

VENTING SYSTEM. A continuous open passageway from 
the flue collar or draft hood of an appliance to the outside atmo- 
sphere for the purpose of removing flue or vent gases. A vent- 
ing system is usually composed of a vent or a chimney and vent 
connector, if used, assembled to form the open passageway. 

Mechanical draft venting system. A venting system 
designed to remove flue or vent gases by mechanical means, 
that consists of an induced draft portion under nonpositive 
static pressure or a forced draft portion under positive static 
pressure. 

Forced-draft venting system. A portion of a venting sys- 
tem using a fan or other mechanical means to cause the 
removal of flue or vent gases under positive static vent pres- 
sure. 

Induced draft venting system. A portion of a venting sys- 
tem using a fan or other mechanical means to cause the 
removal of flue or vent gases under nonpositive static vent 
pressure. 



Natural draft venting system. A venting system designed 
to remove flue or vent gases under nonpositive static vent 
pressure entirely by natural draft. 

WALL HEATER, UNVENTED-TYPE. A room heater of the 
type designed for insertion in or attachment to a wall or parti- 
tion. Such heater does not incorporate concealed venting 
arrangements in its construction and discharges all products of 
combustion through the front into the room being heated. 

WATER HEATER. Any heating appliance or equipment that 
heats potable water and supplies such water to the potable hot 
water distribution system. 



12 



2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 3 

GENERAL REGULATIONS 



1 SECTION FGC 301 

GENERAL 

301.1 Scope. This chapter shall govern the approval and instal- 
lation of all equipment and appliances that comprise parts of 
the installations regulated by this code in accordance with Sec- 
tion 101.2. 

301.1.1 Other fuels. The requirements for combustion and 
dilution air for gas-fired appliances shall be governed by 
Section 304. The requirements for combustion and dilution 
air for appliances operating with fuels other than fuel gas 
1 shall be regulated by the New York City Mechanical Code. 

301.2 Energy utilization. Heating, ventilating and air-condi- 
tioning systems of all structures shall be designed and installed 
for efficient utilization of energy in accordance with the Energy 

1 Conservation Construction Code of New York State. 

301.3 Listed and labeled. Appliances regulated by this code 
^ shall be listed and labeled. 

1301.4 Labeling. Refer to Section 28-1 13.4 of the Administra- 
tive Code and Article 1 14 of Chapter 1 of Title 28 of the Admin- 
istrative Code. 

301.5 Label information. A permanent factory-applied name- 
plate^) shall be affixed to appliances on which shall appear, in 
legible lettering, the manufacturer's name or trademark, the 
model number, serial number and, for listed appliances, the 
seal or mark of the testing agency. A label shall also include the 
hourly rating in British thermal units per hour (Btu/h) (W), the 

1 type of fuel approved for use with the appliance; and the mini- 
mum clearance requirements. 

301.6 Plumbing connections. Potable water supply and build- 
ing drainage system connections to appliances regulated by 

1 this code shall be in accordance with the New York City Plumb- 
ing Code. 

301.7 Fuel types. Appliances shall be designed for use with the 
type of fuel gas to which they will be connected and the altitude 
at which they are installed. Appliances that comprise parts of 
the installation shall not be converted for the usage of a differ- 
ent fuel, except where approved and converted in accordance 
with the manufacturer's instructions. The fuel gas input rate 
shall not be increased or decreased beyond the limit rating for 
the altitude at which the appliance is installed. 

301.7.1 Liquid petroleum gas. Storage or use of LPG for a 

stationary LPG installation shall comply with the New York 
City Fire Code. 

301.8 Vibration isolation. Where means for isolation of vibra- 
tion of an appliance is installed, means for support and restraint 

I of that appliance shall be provided as designed by a registered 
design professional. 

301.9 Repair. Defective material or parts shall be replaced or 
repaired in such a manner so as to preserve the original 
approval or listing. 



i 



301.10 Wind resistance. Appliances and supports that are 
exposed to wind shall be designed and installed to resist the 
wind pressures determined in accordance with the New York 
City Building Code. 

301.11 Flood hazard. For structures located in areas of special 
flood hazard, the appliance, equipment and system installa- 
tions regulated by this code shall comply with Appendix G of 
the New York City Building Code. 

301.12 Seismic resistance. When earthquake loads are appli- 
cable in accordance with the New York City Building Code, the 1 
supports shall be designed and installed for the seismic forces 

in accordance with that code. 

301.13 Ducts. All ducts required for the installation of systems 
regulated by this code shall be designed and installed in accor- 
dance with the New York City Mechanical Code. I 

301.14 Rodentproofing. Buildings or structures and the walls 
enclosing habitable or occupiable rooms and spaces in which 
persons live, sleep or work, or in which feed, food or foodstuffs 
are stored, prepared, processed, served or sold, shall be con- 
structed to protect against rodents in accordance with the New I 
York City Building Code. ■ 

301.15 Prohibited location. The appliances, equipment and 
systems regulated by this code shall not be located in an eleva- 
tor shaft. 

301.16 Mechanical systems. Hydronic piping, ventilation and 
other mechanical systems not covered by this code shall be in 
accordance with the New York City Mechanical Code. 

301.17 Electrical systems. Electrical wiring, controls and 
connections to equipment and appliances regulated by this 
code shall be in accordance with the New York City Electrical 
Code. 



SECTION FGC 302 1 

STRUCTURAL SAFETY 

302.1 Structural safety. The building shall not be weakened 
by the installation of any gas piping. In the process of installing 
or repairing any gas piping, the finished floors, walls, ceilings, 
tile work or any other part of the building or premises which is 
required to be changed or replaced shall be left in a safe struc- 
tural condition in accordance with the requirements of the New 
York City Building Code. * 

302.2 Penetrations of floor/ceiling assemblies and 

fire-resistance-rated assemblies. Penetrations of floor/ceil- 
ing assemblies and assemblies required to have a fire-resis- 
tance rating shall be protected in accordance with the New York 
City Building Code. " 

302.3 Cutting, notching and boring in wood members. The 

cutting, notching and boring of wood members shall comply 
with Sections 302.3.1 through 302.3.4. 



2008 NEW YORK CITY FUEL GAS CODE 



13 



GENERAL REGULATIONS 



302.3.1 Engineered wood products. Cuts, notches and 
holes bored in trusses, laminated veneer lumber, glued-lam- 
inated members and I-joists are prohibited except where the 
effects of such alterations are specifically considered in the 
design of the member. 

I 302.3.2 Joist notching and boring. Notching at the ends of 
joists shall not exceed one-fourth the joist depth. Holes 
bored in joists shall not be within 2 inches (51 mm) of the 
top and bottom of the joist and their diameter shall not 
exceed one-third the depth of the member. Notches in the 
top or bottom of the joist shall not exceed one-sixth the 
depth and shall not be located in the middle one-third of the 
span. 

302.3.3 Stud cutting and notching. In exterior walls and 
bearing partitions, any wood stud is permitted to be cut or 
notched to a depth not exceeding 25 percent of its width. 
Cutting or notching of studs to a depth not greater than 40 
percent of the width of the stud is permitted in 
nonload-bearing partitions supporting no loads other than 
the weight of the partition. 

302.3.4 Bored holes. A hole not greater in diameter than 40 
percent of the stud depth is permitted to be bored in any 
wood stud. Bored holes not greater than 60 percent of the 
depth of the stud are permitted in nonload-bearing partitions 
or in any wall where each bored stud is doubled, provided 
not more than two such successive doubled studs are so 
bored. In no case shall the edge of the bored hole be nearer 
than 5 / 8 inch (15.9 mm) to the edge of the stud. Bored holes 
shall not be located at the same section of stud as a cut or 
notch. 

302.4 Alterations to trusses. Truss members and components 
shall not be cut, drilled, notched, spliced or otherwise altered in 
any way without the written concurrence and approval of a reg- 
istered design professional. Alterations resulting in the addi- 
tion of loads to any member (e.g., HVAC equipment, water 
heaters) shall not be permitted without verification that the 
truss is capable of supporting such additional loading. 

302.5 Cutting, notching and boring holes in structural steel 
framing. The cutting, notching and boring of holes in struc- 
tural steel framing members shall be as prescribed by the regis- 
tered design professional. 

302.6 Cutting, notching and boring holes in cold-formed 
steel framing. Flanges and lips of load-bearing, cold-formed 
steel framing members shall not be cut or notched. Holes in 
webs of load-bearing, cold-formed steel framing members 
shall be permitted along the centerline of the web of the fram- 
ing member and shall not exceed the dimensional limitations, 
penetration spacing or minimum hole edge distance as pre- 
scribed by a registered design professional. Cutting, notching 
and boring holes of steel floor/roof decking shall be as pre- 
scribed by a registered design professional. 

302.7 Cutting, notching and boring holes in nonstructural 
cold-formed steel wall framing. Flanges and lips of 
nonstructural cold-formed steel wall studs shall be permitted 
along the centerline of the web of the framing member, shall 
not exceed 1 7 2 inches (38 mm) in width or 4 inches (102 mm) 
in length, and the holes shall not be spaced less than 24 inches 



(610 mm) center to center from another hole or less than 10 
inches (254 mm) from the bearing end. 



SECTION FGC 303 1 

APPLIANCE LOCATION 

303.1 General. Appliances shall be located as required by this 
section, specific requirements elsewhere in this code and the 
conditions of the equipment and appliance listing. 

303.2 Hazardous locations. Appliances shall not be located in 
a hazardous location unless listed and approved for the specific 
installation. 

303.3 Prohibited locations. Appliances shall not be located in, 
or obtain combustion air from, any of the following rooms or 
spaces: 

1. Sleeping rooms. 

2. Bathrooms. 

3. Toilet rooms. 

4. Storage closets. 

5. Surgical rooms. 
Exceptions: 

1. In rooms other than those used for sleeping pur- I 
poses, direct-vent appliances that obtain all com- 1 
bustion air directly from the outdoors. 

2. In rooms other than those used for sleeping pur- 1 
poses, vented room heaters, wall furnaces, vented I 
decorative appliances and decorative appliances 
for installation in vented solid fuel-burning fire- 
places, provided that the room meets the required 
volume criteria of Section 304.5. 

3. In rooms other than those used for sleeping pur- 1 
poses, appliances installed in an enclosure in I 
which all combustion air is taken from the out- 
doors, in accordance with Section 304.6. Access to 
such enclosure shall be through a solid 
weather-stripped door, equipped with an approved 
self-closing device. 

303.4 Protection from physical damage. Appliances shall not 
be installed in a location where subject to physical damage 
unless protected by approved barriers meeting the require- 
ments of the New York City Fire Code. % 

303.5 Indoor locations. Furnaces and boilers installed in clos- 
ets and alcoves shall be listed for such installation. 

303.6 Outdoor locations. Equipment installed in outdoor 
locations shall be either listed for outdoor installation or pro- 
vided with protection from outdoor environmental factors that 
influence the operability, durability and safety of the equip- 
ment. 

303.7 Pit locations. Appliances installed in pits or excavations 
shall not come in direct contact with the surrounding soil. The 
sides of the pit or excavation shall be held back a minimum of 
12 inches (305 mm) from the appliance. Where the depth 
exceeds 12 inches (305 mm) below adjoining grade, the walls 
of the pit or excavation shall be lined with concrete or masonry, 



14 



2008 NEW YORK CSTY FUEL GAS CODE 



GENERAL REGULATIONS 



such concrete or masonry shall extend a minimum of 4 inches 
(102 mm) above adjoining grade and shall have sufficient lat- 
eral load-bearing capacity to resist collapse. The appliance 
shall be protected from flooding in a manner approved by the 
commissioner. 



1 SECTION FGC 304 

COMBUSTION, VENTILATION AND DILUTION AIR 

304.1 General. Air for combustion, ventilation and dilution of 
flue gases for gas utilization equipment installed in buildings 
shall be provided by application of one of the methods pre- 
scribed in Sections 304.5 through 304.9. Where the require- 
ments of Section 304.5 are not met, outdoor air shall be 
introduced in accordance with one of the methods prescribed in 
Sections 304.6 through 304.9. Direct-vent appliances, gas 
appliances of other than natural draft design and vented gas 
appliances other than Category I shall be provided with com- 
bustion, ventilation and dilution air in accordance with the 
equipment manufacturer's instructions. 

Exception: Type 1 clothes dryers that are provided with 
makeup air in accordance with Section 614.5. 

304.2 Appliance/equipment location. Equipment shall be 
located so as not to interfere with proper circulation of combus- 
tion, ventilation and dilution air. 

304.3 Draft hood/regulator location. Where used, a draft 
hood or a barometric draft regulator shall be installed in the 
same room or enclosure as the equipment served so as to pre- 
vent any difference in pressure between the hood or regulator 
and the combustion air supply. A barometric damper may be 
installed in an adjacent room provided that a louver is installed 
in the adjacent room to the outside air. The net free area of the 
louver shall be equal to or greater than the area of the baromet- 
ric damper. 

304.4 Makeup air provisions. Makeup air requirements for 
the operation of exhaust fans, kitchen ventilation systems, 
clothes dryers and fireplaces shall be considered in determin- 
ing the adequacy of a space to provide combustion air 
requirements. 

304.5 Indoor combustion air. The required volume of indoor 
air shall be determined in accordance with Section 304.5.1 or 
304.5.2, except that where the air infiltration rate is known to 
be less than 0.40 air changes per hour (ACH), Section 304.5.2 
shall be used. The total required volume shall be the sum of the 
required volume calculated for all appliances located within 
the space. Rooms communicating directly with the space in 
which the appliances are installed through openings not fur- 
nished with doors, and through combustion air openings sized 
and located in accordance with Section 304.5.3, are considered 
to be part of the required volume. 

304.5.1 Standard method. The minimum required volume 
shall be 50 cubic feet per 1,000 Btu/h (4.8m 3 /kW) of the 
appliance input rating. 

304.5.2 Known air-infiltration-rate method. Where the 
air infiltration rate of a structure is known, the minimum 
required volume shall be determined as follows: 



For appliances other than fan-assisted, calculate volume 
using Equation 3-1. 

2] ft' f 



Required Volume other > 



ACH 



l,000Btu/hr 



(Equation 3-1) 



For fan-assisted appliances, calculate volume using 
Equation 3-2. 

,3 r j ^n 



Required Volume fan > 



where: 



15/r 



ACH 



fan 



l,000Btu/hr 



(Equation 3-2) 



I other = All appliances other than fan assisted (input in 
Btu/h). 

I fan = Fan-assisted appliance (input in Btu/h). 

ACH = Air change per hour (percent of volume of space 
exchanged per hour, expressed as a decimal). 

For purposes of this calculation, an infiltration rate 
greater than 0.60 ACH shall not be used in Equations 3-1 

and 3-2. 

304.5.3 Indoor opening size and location. Openings used 
to connect indoor spaces shall be sized and located in accor- 
dance with Sections 304.5.3.1 and 304.5.3.2 (see Figure 
304.5.3). 



Chimney or gas vent 




Opening 



Opening 



\\ 



FIGURE 304.5.3 
ALL AIR FROM INSSDE THE BUILDING (see Section 304.5.3) 

304.5.3.1 Combining spaces on the same story. Each 
opening shall have a minimum free area of 1 square inch 
per 1,000 Btu/h (2200 mmVkW) of the total input rating 
of all gas utilization equipment in the space, but not less 
than 100 square inches (0.06 m 2 ). One opening shall 
commence within 12 inches (305 mm) of the top and one 
opening shall commence within 12 inches (305 mm) of 



2008 NEW YORK CITY FUEL GAS CODE 



15 



GENERAL REGULATIONS 



the bottom of the enclosure. The minimum dimension of 
air openings shall be not less than 3 inches (76 mm). 

304.5.3.2 Combining spaces in different stories. The 

volumes of spaces in different stories shall be considered 
as communicating spaces where such spaces are con- 
nected by one or more openings in doors or floors having 
a total minimum free area of 2 square inches per 1 ,000 
Btu/h (4402 mm 2 /kW) of total input rating of all gas utili- 
zation equipment. 

304.6 Outdoor combustion air. Outdoor combustion air shall 
be provided through opening(s) to the outdoors in accordance 
with Section 304.6.1 or 304.6.2. The minimum dimension of 
air openings shall be not less than 3 inches (76 mm). The size of 
the openings connecting the room to the outdoor air supply 
shall also comply with any applicable rules of the New York 
City Department of Environmental Protection. 

304.6.1 Two-permanent-openings method. Two perma- 
nent openings, one commencing within 12 inches (305 mm) 
of the top and one commencing within 12 inches (305 mm) 
of the bottom of the enclosure, shall be provided. The open- 
ings shall communicate directly, or by ducts, with the out- 
doors or spaces that freely communicate with the outdoors. 
Where directly communicating with the outdoors, or where 
communicating with the outdoors through vertical ducts, 
each opening shall have a minimum free area of 1 square 
inch per 4,000 Btu/h (550 mm 2 /kW) of total input rating of 
all equipment in the enclosure [see Figures 304.6.1(1) and 
304.6.1(2)]. 

Where communicating with the outdoors through hori- 
zontal ducts, each opening shall have a minimum free area 
of not less than 1 square inch per 2,000 Btu/h (1100 



mm 2 /kW) of total input rating of all equipment in the enclo- 
sure, [see Figure 304.6.1(3)]. 



CHIMNEY OR GAS VENT 




VENTILATION LOUVERS 
"(EACH END OF ATTIC) 



OUTLET AIR 



INLET AIR DUCT 

(ENDS 1 FOOT (305 MM) 

ABOVE FLOOR) 



For SI: 1 foot = 304.8 mm. 

FIGURE 304.6.1(2) 

ALL AIR FROM OUTDOORS THROUGH VENTILATED ATTIC 

(see Section 304.6.1) 



CHIMNEY OR GAS VENT 




CHIMNEY OR GAS VENT 



VENTILATION LOUVERS 
(EACH END OF ATTIC) 



OUTLET AIR 



INLET AIR 




VENTILATION LOUVERS FOR s 
UNHEATED CRAWL SPACE 



i r 



rzn 



' i V l ' l'l'l'l'l^T 



□ 



FIGURE 304.6.1(1) 

ALL AIR FROM OUTDOORS— INLET AIR FROM VENTILATED 

CRAWL SPACE AND OUTLET AIR TO VENTILATED ATTIC 

(see Section 304.6.1) 



FIGURE 304.6.1(3) 

ALL AIR FROM OUTDOORS 

(see Section 304.6.1) 



16 



2008 NEW YORK CITY FUEL GAS CODE 



GENERAL REGULATIONS 



304.6.2 One-permanent-opening method. One perma- 
nent opening, commencing within 12 inches (305 mm) of 
the top of the enclosure, shall be provided. The equipment 
shall have clearances of at least 1 inch (25 mm) from the 
sides and back and 6 inches (152 mm) from the front of the 
appliance. The opening shall directly communicate with the 
outdoors or through a vertical or horizontal duct to the out- 
doors or spaces that freely communicate with the outdoors 
(see Figure 304.6.2) and shall have a minimum free area of 1 
square inch per 3,000 Btu/h (734 mm 2 /kW) of the total input 
rating of all equipment located in the enclosure, and not less 
than the sum of the areas of all vent connectors in the space. 



CHIMNEY OR GAS VENT 




'i'. ' i ' .'i ' i'i 



ITITQ 



I 



OPENING 

ALTERNATE OPENING 
LOCATION 



FIGURE 304.6.2 

SINGLE COMBUSTION AIR OPENING, 

ALL AIR FROM THE OUTDOORS 

(see Section 304.6.2) 

304.7 Combination indoor and outdoor combustion air. 

The use of a combination of indoor and outdoor combustion air 
shall be in accordance with Sections 304.7. 1 through 304.7.3. 

304.7.1 Indoor openings. Where used, openings connect- 
ing the interior spaces shall comply with Section 304.5.3. 

304.7.2 Outdoor opening location. Outdoor opening(s) 
shall be located in accordance with Section 304.6. 

304.7.3 Outdoor opening(s) size. The outdoor opening(s) 
size shall be calculated in accordance with the following: 

1. The ratio of interior spaces shall be the available vol- 
ume of all communicating spaces divided by the 
required volume. 

2. The outdoor size reduction factor shall be one minus 
the ratio of interior spaces. 

3. The minimum size of outdoor opening(s) shall be the 
full size of outdoor opening(s) calculated in accor- 
dance with Section 304.6, multiplied by the reduction 
factor. The minimum dimension of air openings shall 
be not less than 3 inches (76 mm). 

1 304.8 Reserved. 



304.9 Mechanical combustion air supply. Where all combus- 
tion air is provided by a mechanical air supply system, the com- 
bustion air shall be supplied from the outdoors at a rate not less 
than 0.35 cubic feet per minute per 1,000 Btu/h (0.034 m 3 /min 
per kW) of total input rating of all appliances located within the 
space. Combustion air rates shall also comply with any applica- I 
ble rules of the New York City Department of Environmental I 
Protection. I 

304.9.1 Makeup air. Where exhaust fans are installed, 
makeup air shall be provided to replace the exhausted air. 

304.9.2 Appliance interlock. Each of the appliances served 
shall be interlocked with the mechanical air supply system 
to prevent main burner operation when the mechanical air 
supply system is not in operation. 

304.9.3 Combined combustion air and ventilation air 
system. Where combustion air is provided by the building's 
mechanical ventilation system, the system shall provide the 
specified combustion air rate in addition to the required ven- 
tilation air. 

304.10 Louvers and grilles. The required size of openings for 
combustion, ventilation and dilution air shall be based on the 
net free area of each opening. Where the free area through a 
design of louver, grille or screen is known, it shall be used in 1 
calculating the size opening required to provide the free area 
specified. Where the design and free area of louvers and grilles I 
are not known, it shall be assumed that wood louvers will have 
10-percent free area and metal louvers and grilles will have I 
60-percent free area. Screens shall have a mesh size not smaller I 
than l / 4 inch (6.4 mm). Nonmotorized louvers and grilles shall 1 
be fixed in the open position. Motorized louvers shall be inter- 
locked with the equipment so that they are proven to be in the 
full open position prior to main burner ignition and during main 
burner operation. Means shall be provided to prevent the main 
burner from igniting if the louvers fail to open during burner 
start-up and to shut down the main burner if the louvers close 
during operation. 

304.11 Combustion air ducts. Combustion air ducts shall 
comply with all of the following: 

1 . Ducts shall be of galvanized steel complying with Chap- 
ter 6 of the New York City Mechanical Code or of equi va- I 
lent corrosion-resistant material listed and labeled for 1 
this application. 

2. Ducts shall terminate in an unobstructed space allowing 
free movement of combustion air to the appliances. 

3. Ducts shall serve a single enclosure. 

4. Ducts shall not serve both upper and lower combustion 
air openings where both such openings are used. The 
separation between ducts serving upper and lower com- 
bustion air openings shall be maintained to the source of 
combustion air. 

5. Ducts shall not be screened where terminating in an attic 
space. 

6. Horizontal upper combustion air ducts shall not slope 
downward toward the source of combustion air. 

7. The remaining space surrounding a chimney liner, gas 
vent, special gas vent or plastic piping installed within a 



2008 NEW YORK CITY FUEL GAS CODE 



17 



GENERAL REGULATIONS 



masonry, metal or factory-built chimney shall not be 
used to supply combustion air. 

Exception: Direct-vent gas-fired appliances 
designed for installation in a solid fuel-burning fire- 
place where installed in accordance with the listing 
and the manufacturer's instructions. 

8. Combustion air intake openings located on the exterior 
of a building shall have the lowest side of such openings 
located not less than 12 inches (305 mm) vertically from 
the adjoining grade level. 

304.12 Protection from fumes and gases. Where corrosive or 
flammable process fumes or gases, other than products of com- 
bustion, are present, means for the disposal of such fumes or 
gases shall be provided. Such fumes or gases include carbon 
monoxide, hydrogen sulfide, ammonia, chlorine and 
halogenated hydrocarbons. In barbershops, beauty shops and 
other facilities where chemicals that generate corrosive or 
flammable products, such as aerosol sprays, are routinely used, 
nondirect-vent-type appliances shall be located in an equip- 
ment room separated or partitioned off from other areas with 
provisions for combustion air and dilution air from the out- 
doors. Direct- vent appliances shall be installed in accordance 
with the appliance manufacturer's installation instructions. 



SECTION FGC 305 
INSTALLATION 

305.1 General. Equipment and appliances shall be installed as 
required by the terms of their approval, in accordance with the 
conditions of listing, the manufacturer's instructions and this 
code. Manufacturers' installation instructions shall be avail- 
able on the job site at the time of inspection. Where a code pro- 
vision is less restrictive than the conditions of the listing of the 
equipment or appliance or the manufacturer's installation 
instructions, the conditions of the listing and the manufac- 
turer's installation instructions shall apply. 

305.2 Hazardous area. Equipment and appliances having an 
ignition source shall not be installed in Group H occupancies or 
control areas where open use, handling or dispensing of com- 
bustible, flammable or explosive materials occurs. 

305.3 Elevation of ignition source. Equipment and appliances 
having an ignition source shall be elevated such that the source 
of ignition is not less than 18 inches (457 mm) above the floor 
in hazardous locations and public garages, private garages, 
repair garages, motor fuel-dispensing facilities and parking 
garages. For the purpose of this section, rooms or spaces that 
are not part of the living space of a dwelling unit and that com- 
municate directly with a private garage through openings shall 
be considered to be part of the private garage. 

Exception: Elevation of the ignition source is not required 
for appliances that are listed as flammable vapor resistant 
and for installation without elevation. 

305.4 Public garages, motor fuel-dispensing facilities and 
repair garages. Appliances located in public garages, motor 
fuel-dispensing facilities, repair garages or other areas fre- 
quented by motor vehicles shall be installed a minimum of 8 
feet (2438 mm) above the floor. Where motor vehicles exceed 6 



feet (1829 mm) in height and are capable of passing under an 
appliance, appliances shall be installed a minimum of 2 feet 
(610 mm) higher above the floor than the height of the tallest 
vehicle. 

Exceptions: 

1 . The requirements of this section shall not apply where | 
the appliances are protected from motor vehicle 
impact and installed in accordance with Section 305.3 
andNFPA88B. 

2. Appliances installed in repair garages shall be sepa- 
rated from repair areas by walls or partitions, floors, 
or floor ceiling assemblies that are constructed so as 
to prohibit the transmission of vapors and having a 
fire-resistance rating of not less than 1 hour, and that 
have no openings in the wall separating the repair area 
within 8 feet (2438 mm) of the floor. Wall penetration 
shall be firestopped. Air for combustion purposes 
shall be obtained from the outdoors. The heating 
room shall not be used for the storage of combustible 
materials. 

3. Heating appliances for vehicle repair areas where 
there is no dispensing or transferring of Class I or 
Class II flammable or combustible liquids or lique- 
fied petroleum gas shall be installed in accordance 
with NFPA 30A. 

305.5 Private garages. Appliances located in private garages 
shall be installed with a minimum clearance of 6 feet (1829 
mm) above the floor. 

Exception: The requirements of this section shall not apply 
where the appliances are protected from motor vehicle 
impact and installed in accordance with Section 305.3. 

305.6 Construction and protection. Boiler rooms and fur- 
nace rooms shall be protected as required by the New York City I 
Building Code. 

305.7 Clearances from grade. Equipment and appliances 
installed at grade level shall be supported on a level concrete 
slab or other approved material extending above adjoining 
grade or shall be suspended a minimum of 6 inches (152 mm) 
above adjoining grade. 

305.8 Clearances to combustible construction. Heat-pro- 
ducing equipment and appliances shall be installed to maintain 
the required clearances to combustible construction as speci- 
fied in the listing and manufacturer's instructions. Such clear- 
ances shall be reduced only in accordance with Section 308. 
Clearances to combustibles shall include such considerations 
as door swing, drawer pull, overhead projections or shelving 
and window swing. Devices, such as door stops or limits and 
closers, shall not be used to provide the required clearances. 



SECTION FGC 306 
ACCESS AND SERVICE SPACE 

306.1 Clearances for maintenance and replacement. Clear- 
ances around appliances to elements of permanent construc- 
tion, including other installed appliances, shall be sufficient to 
allow inspection, service, repair or replacement without 
removing such elements of permanent construction or dis- 



18 



2008 NEW YORK CITY FUEL GAS CODE 



GENERAL REGULATIONS 



abling the function of a required fire-resistance-rated assem- 
bly. 

306.2 Appliances in rooms. Rooms containing appliances 
requiring access shall be provided with a door and an unob- 
structed passageway measuring not less than 36 inches (914 
mm) wide and 80 inches (2032 mm) high. 

Exception: Within a dwelling unit, appliances installed in a 
compartment, alcove, basement or similar space shall be 
provided with access by an opening or door and an unob- 
structed passageway measuring not less than 24 inches (610 
mm) wide and large enough to allow removal of the largest 
appliance in the space, provided that a level service space of 
not less than 30 inches (762 mm) deep and the height of the 
appliance, but not less than 30 inches (762 mm), is present at 
the front or service side of the appliance with the door open. 

306.3 Appliances in attics. Attics containing appliances 
requiring access shall be provided with an opening and unob- 
structed passageway large enough to allow removal of the larg- 
est component of the appliance. The passageway shall not be 
less than 30 inches (762 mm) high and 22 inches (559 mm) 
wide and not more than 20 feet (6096 mm) in length when mea- 
sured along the centerline of the passageway from the opening 
to the equipment. The passageway shall have continuous solid 
flooring not less than 24 inches (610 mm) wide. A level service 
space not less than 30 inches (762 mm) deep and 30 inches (762 
mm) wide shall be present at the front or service side of the 
equipment. The clear access opening dimensions shall be a 
minimum of 20 inches by 30 inches (508 mm by 762 mm), 
where such dimensions are large enough to allow removal of 
the largest component of the appliance. 

Exceptions: 

1. The passageway and level service space are not 
required where the appliance is capable of being ser- 
viced and removed through the required opening. 

2. Where the passageway is not less than 6 feet (1829 
mm) high for its entire length, the passageway shall 
be not greater than 50 feet (15 250 mm) in length. 

306.3.1 Electrical requirements. A lighting fixture con- 
trolled by a switch located at the required passageway open- 
ing and a receptacle outlet shall be provided at or near the 
I equipment location in accordance with the New York City 
Electrical Code. 

306.4 Appliances under floors. Under-floor spaces contain- 
ing appliances requiring access shall be provided with an 
access opening and unobstructed passageway large enough to 
remove the largest component of the appliance. The passage- 
way shall not be less than 30 inches (762 mm) high and 22 
inches (559 mm) wide, nor more than 20 feet (6096 mm) in 
length when measured along the centerline of the passageway 
from the opening to the equipment. A level service space not 
less than 30 inches (762 mm) deep and 30 inches (762 mm) 
wide shall be present at the front or service side of the appli- 
ance. If the depth of the passageway or the service space 
exceeds 12 inches (305 mm) below the adjoining grade, the 
walls of the passageway shall be lined with concrete or 
masonry extending 4 inches (102 mm) above the adjoining 
grade and having sufficient lateral-bearing capacity to resist 



collapse. The clear access opening dimensions shall be a mini- 
mum of 22 inches by 30 inches (559 mm by 762 mm), where 
such dimensions are large enough to allow removal of the larg- 
est component of the appliance. 

Exceptions: 

1. The passageway is not required where the level ser- 
vice space is present when the access is open and the 
appliance is capable of being serviced and removed 
through the required opening. 

2. Where the passageway is not less than 6 feet high 
(1829 mm) for its entire length, the passageway shall 
not be limited in length. 

306.4.1 Electrical requirements. A lighting fixture con- 
trolled by a switch located at the required passageway open- 
ing and a receptacle outlet shall be provided at or near the 
equipment location in accordance with the New York City 1 
Electrical Code. 

306.5 Appliances on roofs or elevated structures. Where 
appliances requiring access are installed on roofs or elevated 
structures at a height exceeding 16 feet (4877 mm), such access 
shall be provided by a permanent means of access designed by I 
a registered design professional, the extent of which shall be I 
from grade or floor level to the appliance's level service space. 
Such access shall not require climbing over obstructions 
greater than 30 inches high (762 mm) or walking on roofs hav- 
ing a slope greater than four units vertical in 12 units horizontal 
(33-percent slope). 

Permanent ladders installed to provide the required access 
shall comply with the following minimum design criteria. 

1. The side railing shall extend above the parapet or roof 
edge not less than 30 inches (762 mm). 

2. Ladders shall have a rung spacing not to exceed 14 
inches (356 mm) on center. 

3. Ladders shall have a toe spacing not less than 6 inches 
(152mm) deep. 

4. There shall be a minimum of 18 inches (457 mm) 
between rails. 

5. Rungs shall have a minimum diameter of 0.75-inch (19 
mm) and shall be capable of withstanding a 300-pound 
(136.1 kg) load. 

6. Ladders over 30 feet (9144 mm) in height shall be pro- 
vided with offset sections and landings capable of with- 
standing a load of 100 pounds per square foot (488.2 
kg/m 2 ). 

7. Ladders shall be protected against corrosion by means 
designed by a registered design professional. 1 

Catwalks installed to provide the required access shall be not 
less than 24 inches wide (610 mm) and shall have railings as 
required for service platforms. 

Exception: This section shall not apply to Group R-3 occu- 
pancies. 

306.5.1 Sloped roofs. Where appliances are installed on a 
roof having a slope of three units vertical in 12 units hori- 
zontal (25-percent slope) or greater and having an edge 



2008 NEW YORK CITY FUEL GAS CODE 



19 



GENERAL REGULATIONS 



more than 30 inches (762 mm) above grade at such edge, a 
level platform shall be provided on each side of the appli- 
ance to which access is required by the manufacturer's 
installation instructions for service, repair or maintenance. 
The platform shall not be less than 30 inches (762 mm) in 
any dimension and shall be provided with guards in accor- 
dance with Section 306.6. 

306.5.2 Electrical requirements. A receptacle outlet shall 
be provided at or near the equipment location in accordance 
I with the New York City Electrical Code. 

306,6 Guards. Guards shall be provided where appliances, 
fans or other components that require service are located within 
1 feet (3048 mm) of a roof edge or open side of a walking sur- 
face and such edge or open side is located more than 30 inches 
(762 mm) above the floor, roof or grade below. The guard shall 
extend not less than 30 inches (762 mm) beyond each end of 
such appliances, fans or other components and the top of the 
guard shall be located not less than 42 inches (1067 mm) above 
the elevated surface adjacent to the guard. The guard shall be 
constructed so as to prevent the passage of a 21 -inch-diameter 
(533 mm) sphere and shall comply with the loading require- 
1 ments for guards specified in the New York City Building Code. 



SECTION FGC 307 
CONDENSATE DISPOSAL 

307,1 Fuel-burning appliances. Liquid combustion by-prod- 
ucts of condensing appliances shall be collected and dis- 
charged to a dedicated plumbing fixture, or to a disposal area in 
accordance with the manufacturer's installation instructions. 
Condensate piping shall be of corrosion-resistant material and 
shall not be smaller than the drain connection on the appliance. 
Such piping shall maintain a minimum slope in the direction of 
discharge of not less than one-eighth unit vertical in 12 units 
horizontal (1 -percent slope). 

307*2 Drain pipe materials and sizes. Components of the 
condensate disposal system shall be cast iron, galvanized steel, 
► copper, polyethylene, ABS, CPVC or PVC pipe or tubing. All 
components shall be selected for the pressure and temperature 
rating of the installation. Condensate waste and drain line size 
shall be not less than 3 / 4 -inch internal diameter (19 mm) and 
shall not decrease in size from the drain connection to the place 
of condensate disposal. Where the drain pipes from more than 
one unit are manifolded together for condensate drainage, the 
pipe or tubing shall be sized by a registered design profes- 
sional. All horizontal sections of drain piping shall be installed 
in uniform alignment at a uniform slope. 

307.3 Traps. Condensate drains shall be trapped as required by 
the equipment or appliance manufacturer. 

307.4 Evaporators and cooling coils. Drainage of condensate 
from evaporators and cooling coils shall be performed in accor- 
dance with the New York City Mechanical Code. 

307.5 Exceptions. Section 307.5 applies to permanently 
installed equipment. Window units and through-the-wall 
air-conditioning units are exempt. 



SECTION FGC 308 
CLEARANCE REDUCTION 

308.1 Scope. This section shall govern the reduction in 
required clearances to combustible materials and combustible 
assemblies for chimneys, vents, appliances, devices and equip- 
ment. Clearance requirements for air-conditioning equipment 
and central heating boilers and furnaces shall comply with Sec- 
tions 308.3 and 308.4. 

308.2 Reduction table. The allowable clearance reduction 
shall be based on one of the methods specified in Table 308.2 or 
shall utilize an assembly listed for such application. Where 
required clearances are not listed in Table 308.2, the reduced 
clearances shall be determined by linear interpolation between 
the distances listed in the table. Reduced clearances shall not be 
derived by extrapolation below the range of the table. The 
reduction of the required clearances to combustibles for listed 
and labeled appliances and equipment shall be in accordance 
with the requirements of this section except that such clear- 
ances shall not be reduced where reduction is specifically pro- 
hibited by the terms of the appliance or equipment listing [see 
Figures 308.2(1) through 308.2(3)]. 

308.3 Clearances for indoor air-conditioning equipment. 

Clearance requirements for indoor air-conditioning equipment 
shall comply with Sections 308.3.1 through 308.3.5. 

308.3.1 Equipment installed in rooms that are large in 
comparison with the size of the equipment. Air-condi- 
tioning equipment installed in rooms that are large in com- 
parison with the size of the equipment shall be installed with 
clearances in accordance with the terms of their listing and 
the manufacturer's instructions. 

308.3.2 Equipment installed in rooms that are not large 
in comparison with the size of the equipment. Air-condi- 
tioning equipment installed in rooms that are not large in 
comparison with the size of the equipment, such as alcoves 
and closets, shall be listed for such installations and 
installed in accordance with the manufacturer's instruc- 
tions. Listed clearances shall not be reduced by the protec- 
tion methods described in Table 308.2, regardless of 
whether the enclosure is of combustible or noncombustible 
material. 

308.3.3 Clearance reduction. Air-conditioning equipment 
installed in rooms that are large in comparison with the size 
of the equipment shall be permitted to be installed with 
reduced clearances to combustible material provided the 
combustible material or equipment is protected as described 
in Table 308.2. 

308.3.4 Plenum clearances. Where the furnace plenum is 
adjacent to plaster on metal lath or noncombustible material 
attached to combustible material, the clearance shall be 
measured to the surface of the plaster or other 
noncombustible finish where the clearance specified is 2 
inches (51 mm) or less. 

308.3.5 Clearance from supply ducts. Air-conditioning 
equipment shall have the clearance from supply ducts 
within 3 feet (914 mm) of the furnace plenum be not less 
than that specified from the furnace plenum. No clearance is 
necessary beyond this distance. 



20 



2008 NEW YORK CITY FUEL GAS CODE 



GENERAL REGULATIONS 



TABLE 308.2 a ^ 
REDUCTION OF CLEARANCES WITH SPECIFIED FORMS OF PROTECTION 








TYPE OF PROTECTION APPLIED TO 

AND COVERING ALL SURFACES OF COMBUSTIBLE 

MATERIAL WITHIN THE DISTANCE SPECIFIED AS THE 

REQUIRED CLEARANCE WITH NO PROTECTION 

[see Figures 308.2(1), 308.2(2), and 308.2(3)] 


WHERE THE REQUIRED CLEARANCE WITH NO PROTECTION FROM 
APPLIANCE, VENT CONNECTOR, OR SINGLE-WALL METAL PIPE IS: (inches) 


36 


18 


12 


9 


6 


Allowable clearances with specified protection (inches) 


Use Column 1 for clearances above appliance or horizontal connector. Use Column 2 
for clearances from appliance, vertical connector, and single-wall metal pipe. 


Above 
Col. 1 


Sides 
and 
rear 

Col. 2 


Above 
Col. 1 


Sides 
and 
rear 

Col. 2 


Above 
Col. 1 


Sides 
and 
rear 

Col. 2 


Above 
Col. 1 


Sides 
and 
rear 

Col. 2 


Above 
Col. 1 


Sides 
and 
rear 

Col. 2 


1. 37,-inch-thick masonry wall without ventilated air- 
space 


— 


24 


— 


12 


— 


9 


— 


6 


— 


5 


2. '/ 2 -inch insulation board over 1 -inch glass fiber or min- 
eral wool batts 


24 


18 


12 


9 


9 


6 


6 


5 


4 


3 


3. 0.0296 (No. 22 gauge) galvanized sheet metal over 
1 -inch glass fiber or mineral wool batts reinforced with 
wire on rear face with ventilated airspace 


18 


12 


9 


6 


6 


4 


5 


3 


3 


3 


4. 37 2 -inch-thick masonry wall with ventilated airspace 


— 


12 


— 


6 


— 


6 


— 


6 


— 


6 


5 . 7 2 - inch-thick insulation board with ventilated airspace 


18 


12 


9 


6 


6 


4 


5 


3 


3 


3 


6. 0.024 sheet metal with ventilated airspace over 0.024 
sheet metal with ventilated airspace 


18 


12 


9 


6 


6 


4 


5 


3 


3 


3 


7. 1-inch glass fiber or mineral wool batts sandwiched 
between two sheets 0.024 sheet metal with ventilated 
airspace 


18 


12 


9 


6 


6 


4 


5 


3 


3 


3 



For SI: 1 inch = 25.4 mm, °C = [(°F - 32)/l .8], 1 pound per cubic foot = 16.02 kg/fri\ 1 Btu per inch per square foot per hour per °F = 0. 144 WArr • K. 

a. Reduction of clearances from combustible materials shall not interfere with combustion air, draft hood clearance and relief, and accessibility of servicing. 

b. All clearances shall be measured from the outer surface of the combustible material to the nearest point on the surface of the appliance, disregarding any interven- 
ing protection applied to the combustible material. 

c. Spacers and ties shall be of noncombustible material. No spacer or tie shall be used directly opposite an appliance or connector 

d. For all clearance reduction systems using a ventilated airspace, adequate provision for air circulation shall be provided as described [see Figures 308.2(2) and 
308.2(3)]. 

e. There shall be at least 1 inch between clearance reduction systems and combustible walls and ceilings for reduction systems using ventilated airspace. 

f. Where a wall protector is mounted on a single flat wall away from corners, it shall have a minimum 1 -inch air gap. To provide air circulation, the bottom and top 
edges, or only the side and top edges, or all edges shall be left open. 

g. Mineral wool batts (blanket or board) shall have a minimum density of 8 pounds per cubic foot and a minimum melting point of 1500°F 

h. Insulation material used as part of a clearance reduction system shall have a thermal conductivity of 1.0 Btu per inch per square foot per hour per °F or less. 
i. There shall be at least 1 inch between the appliance and the protector. In no case shall the clearance between the appliance and the combustible surface be reduced 

below that allowed in this table, 
j. All clearances and thicknesses are minimum; larger clearances and thicknesses are acceptable. 



t+ 



2008 NEW YORK CITY FUEL GAS CODE 



21 



GENERAL REGULATIONS 



CONSTRUCTION USING COMBUSTIBLE- 




SHEET METAL 
OR OTHER 
PROTECTION 



"A" equals the reduced clearance with no protection. 

"B" equals the reduced clearance permitted in accordance with Table 308.2. The protection applied to the construction using combustible material shall extend far 
enough in each direction to make "C" equal to "A." 

FIGURE 308.2(1) 
EXTENT OF PROTECTION NECESSARY TO REDUCE CLEARANCES FROM GAS EQUIPMENT OR VENT CONNECTIONS 



MOUNTED WITH SIDE 
AND TOP EDGES OPEN 



MOUNTED WITH TOP 
AND BOTTOM EDGES 
OPEN 




WALL PROTECTOR MOUNTED 
WITH ALL EDGES OPEN 





WALL PROTECTOR MOUNTED 
ON SINGLE FLAT WALL 



> MUST BE MOUNTED 

WITH TOP AND BOTTOM 
EDGES OPEN 



WALL PROTECTOR INSTALLED 
IN CORNER 



For SI: l inch = 25.4 mm. 



FIGURE 308.2(2) 
WALL PROTECTOR CLEARANCE REDUCTION SYSTEM 



308.4 Central-heating boilers and furnaces. Clearance 
requirements for central-heating boilers and furnaces shall 
comply with Sections 308.4.1 through 308.4.6. The clearance 
to this equipment shall not interfere with combustion air, draft 
hood clearance and relief, and accessibility for servicing. 

308.4.1 Equipment installed in rooms that are large in 
comparison with the size of the equipment. Central-heat- 
ing furnaces and low-pressure boilers installed in rooms 
large in comparison with the size of the equipment shall be 
installed with clearances in accordance with the terms of 
their listing and the manufacturer's instructions. 

308.4.2 Equipment installed in rooms that are not large 
in comparison with the size of the equipment. Cen- 



tral-heating furnaces and low-pressure boilers installed in 
rooms that are not large in comparison with the size of the 
equipment, such as alcoves and closets, shall be listed for 
such installations. Listed clearances shall not be reduced by 
the protection methods described in Table 308.2 and illus- 
trated in Figures 308.2(1) through 308.2(3), regardless of 
whether the enclosure is of combustible or noncombustible 
material. 

308.4.3 Clearance reduction. Central-heating furnaces 
and low-pressure boilers installed in rooms that are large in 
comparison with the size of the equipment shall be permit- 
ted to be installed with reduced clearances to combustible 
material provided the combustible material or equipment is 
protected as described in Table 308.2. 



22 



2008 NEW YORK CITY FUEL GAS CODE 



GENERAL REGULATIONS 



COMBUSTIBLE WALL 



1-INCH MINIMUM 
AIRSPACE BETWEEN 
MASONRY AND 
COMBUSTIBLE WALL 



BOTTOM AND TOP COURSE 
OF BRICKS STAGGERED 
FOR VENTILATION 



A STRIP OF HEAVY-GAUGE STEEL - 
USED FOR ADDED SUPPORT 

NOTE: DO NOT PLACE MASONRY 
WALL TIES DIRECTLY BEHIND 
APPUANCE OR CONNECTOR 




For SI: 1 inch = 25.4 mm. 



FIGURE 308.2(3) 
MASONRY CLEARANCE REDUCTION SYSTEM 



308.4.4 Clearance for servicing equipment. Front clear- 
ance shall be sufficient for servicing the burner and the fur- 
nace or boiler. 

308.4.5 Plenum clearances. Where the furnace plenum is 
adjacent to plaster on metal lath or noncombustible material 
attached to combustible material, the clearance shall be 
measured to the surface of the plaster or other 
noncombustible finish where the clearance specified is 2 
inches (51 mm) or less. 

308.4.6 Clearance from supply ducts. Central-heating 
furnaces shall have the clearance from supply ducts within 3 
feet (914 mm) of the furnace plenum be not less than that 
specified from the furnace plenum. No clearance is neces- 
sary beyond this distance. 



where it is connected to gas utilization equipment that is con- 
nected to the equipment grounding conductor of the circuit 
supplying that equipment. 



I SECTION FGC 309 

ELECTRICAL 

309.1 Grounding. Gas piping shall not be used as a grounding 
electrode. 

309.2 Connections. Electrical connections between equip- 
ment and the building wiring, including the grounding of the 

1 equipment, shall conform to the New York City Electrical 
Code. 



SECTION FGC 310 
ELECTRICAL BONDING 

310.1 Gas pipe bonding. Each above-ground portion of a gas 
piping system that is likely to become energized shall be elec- 
trically continuous and bonded to an effective ground-fault 
current path. Gas piping shall be considered to be bonded 



2008 NEW YORK CITY FUEL GAS CODE 



23 



24 2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 4 

GAS PIPING INSTALLATIONS 



1 



SECTION FGC 401 
GENERAL 



401.1 Scope. This chapter shall govern the design, installation, 
modification and maintenance of fuel-gas piping systems. The 
scope covered by this chapter includes piping systems from the 
point of delivery to the connections with the equipment and 
includes the design, materials, components, fabrication, 
assembly, installation, testing, inspection, operation and main- 
tenance of such piping systems. 

401.1.1 Meters and service piping. Service piping 
includes the fuel-gas piping up to the point of delivery. 
Meters and service piping shall comply with the require- 
ments of Appendix E and Appendix F of this code. In addi- 
tion, service piping located within buildings shall be 
designed and installed in accordance with the structural 
integrity, firestopping, and fire protection provisions of the 
New York City Building Code. 

401.1.2 Plastic piping. Underground plastic piping 
installed outside of buildings shall be in compliance with 
Appendix E and Appendix F of this code. 

401.2 Reserved. 

401.3 Modifications to existing systems. In modifying or 
adding to existing piping systems, sizes shall be maintained in 
accordance with this chapter. 

401.4 Additional appliances. Where an additional appliance 
is to be served, the existing piping shall be checked to deter- 
mine if it has adequate capacity for all appliances served. If 
inadequate, the existing system shall be enlarged as required or 
separate piping of adequate capacity shall be provided. 

401.5 Identification. For other than black steel pipe, exposed 
piping shall be identified by a yellow label marked "Gas" in 
black letters. The marking shall be spaced at intervals not 
exceeding 5 feet (1524 mm). The marking shall not be required 
on pipe located in the same room as the equipment served. 

401.6 Interconnections. Where two or more meters are 
installed on the same premises but supply separate consumers, 
the piping systems shall not be interconnected on the outlet side 
of the meters. 

401.7 Piping meter identification. Piping from multiple 
meter installations shall be marked with an approved perma- 
nent identification by the installer so that the piping system 
supplied by each meter is readily identifiable. 

401.8 Minimum sizes. All pipe utilized for the installation, 
extension and alteration of any piping system shall be sized to 



supply the full number of outlets for the intended purpose and 
shall be sized in accordance with Section 402. 



SECTION FGC 402 I 

PIPE SIZING 

402.1 General considerations. Piping systems shall be of 
such size and so installed as to provide a supply of gas suffi- 
cient to meet the maximum demand without undue loss of pres- 
sure between the point of delivery and the gas utilization 
equipment. 

402.2 Maximum gas demand. The volume of gas to be pro- 
vided, in cubic feet per hour, shall be determined directly from 
the manufacturer's input ratings of the gas utilization equip- 
ment served. Where an input rating is not indicated, the gas 
supplier, equipment manufacturer or a qualified agency shall 
be contacted, or the rating from Table 402.2 shall be used for 
estimating the volume of gas to be supplied. The total con- 
nected hourly load shall be used as the basis for pipe sizing, 
assuming that all equipment could be operating at full capacity 
simultaneously. Where a diversity of load can be established, 
pipe sizing shall be permitted to be based on such loads. 

402.3 Sizing. Gas piping shall be sized in accordance with one 
of the following: 

1 . Pipe sizing tables or sizing equations in accordance with 
Section 402.4. 

2. The sizing tables included in a listed piping system's 
manufacturer's installation instructions. 

3. Other approved engineering methods. 

4. Individual outlets to gas ranges shall not be less than 0.75 I 
inches (19 mm) NPS. I 

402.4 Sizing tables and equations. Where Tables 402.4(1) 
through 402.4(6) are used to size piping or tubing, the pipe 1 
length shall be determined in accordance with Section 402.4. 1 , 
402.4.2 or 402.4.3. 

Where Equations 4-1 and 4-2 are used to size piping or tub- 
ing, the pipe or tubing shall have smooth inside walls and the 
pipe length shall be determined in accordance with Section 
402.4.1, 402.4.2 or 402.4.3. 

1. Low-pressure gas equation [Less than 1.5 pounds per 
square inch (psi) (10.3 kPa)]: 



D=- 



e° 



19.17 



AH 
~c7x~L 



(Equation 4-1) 



2008 NEW YORK CITY FUEL GAS CODE 



25 



GAS PIPING INSTALLATIONS 



2. High-pressure gas equation [1.5 psi (10.3 kPa) and 
above]: 



D- 



G° 



18.93 



"^i 2 ^ 2 )^ 



CxL 



0.206 



(Equation 4-2) 



where: 

D = Inside diameter of pipe, inches (mm). 

Q = Input rate appliance(s), cubic feet per hour at 60°F 

(16°C) and 30-inch mercury column 
Pi = Upstream pressure, psia (P, + 14.7) 
P 2 = Downstream pressure, psia (P 2 + 14.7) 
L = Equivalent length of pipe, feet 

AH - Pressure drop, inch water column (27.7 inch water col- 
umn = 1 psi) 

TABLE 402.4 

C r AND Y VALUES FOR NATURAL GAS 

AT STANDARD CONDITIONS* 



GAS 


EQUATION FACTORS 


C r 


Y 


Natural gas 


0.6094 


0.9992 



For SI: 1 cubic foot = 0.028 m\ 1 foot = 305 ram, 1-inch water column = 
0.249 kPa, 1 pound per square inch = 6.895 kPa, 1 British thermal 
unit per hour = 0.293 W. 

402.4.1 Longest length method. The pipe size of each sec- 
tion of gas piping shall be determined using the longest 
length of piping from the point of delivery to the most 
remote outlet and the load of the section. 

402.4.2 Branch length method. Pipe shall be sized as fol- 
lows: 

1 . Pipe size of each section of the longest pipe run from 
the point of delivery to the most remote outlet shall be 
determined using the longest run of piping and the 
load of the section. 

2. The pipe size of each section of branch piping not pre- 
viously sized shall be determined using the length of 
piping from the point of delivery to the most remote 
outlet in each branch and the load of the section. 

402.4.3 Hybrid pressure. The pipe size for each section of 
higher pressure gas piping shall be determined using the 
longest length of piping from the point of delivery to the 
most remote line pressure regulator. The pipe size from the 
line pressure regulator to each outlet shall be determined 
using the length of piping from the regulator to the most 
remote outlet served by the regulator. 

402.5 Allowable pressure drop. The design pressure loss in 
any piping system under maximum probable flow conditions, 
from the point of delivery to the inlet connection of the equip- 
ment, shall be such that the supply pressure at the equipment is 
greater than the minimum pressure required for proper equip- 
ment operation. 



26 



TABLE 402.2 
APPROXIMATE GAS INPUT FOR TYPICAL APPLIANCES 



APPLIANCE 



Space Heating Units 

Hydronic boiler 

Single family 

Multifamily, per unit 
Warm-air furnace 

Single family 

Multifamily, per unit 



Space and Water Heating Units 

Hydronic boiler 
Single family 
Multifamily, per unit 



INPUT BTU/H 
(Approx.) 



100,000 
60,000 

100,000 
60,000 



Water Heating Appliances 

Water heater, automatic instantaneous 

Capacity at 2 gal./minute 

Capacity at 4 gal./minute 

Capacity at 6 gal./minute 
Water heater, automatic storage, 30- to 40-gal. tank 
Water heater, automatic storage, 50-gal. tank 
Water heater, domestic, circulating or side-arm 



120,000 
75,000 



142,800 
285,000 
428,400 
35,000 
50,000 
35,000 



Cooking Appliances 

Built-in oven or broiler unit, domestic 
Built-in top unit, domestic 
Range, free-standing, domestic 



Other Appliances 

Barbecue 

Clothes dryer, Type 1 (domestic) 

Gas fireplace, direct-vent 

Gas light 

Gas log 

Re frigerator 



25,000 
40,000 
65,000 



40,000 
35,000 
40,000 
2,500 
80,000 
3,000 



For SI: 1 British thermal unit per hour = 0.293 W, 1 gallon = 
1 gallon per minute = 3.785 L/m. 



3.785 L, 



402.6 Gas distribution pressures. No gas distribution piping 
containing gas at a pressure in excess of V 2 psig (3.5 kPa gauge) 
shall be run within a building, except that pressure not exceed- 
ing 3 psig (20 kPa gauge) is permitted for the following uses: 
(a) commercial (b) industrial (c) other large volume use in 
which fuel requirements for boiler room equipment exceed 
4,000 cubic feet per hour (1 13.2 m 3 /h) and such large volume 
use is. supplied through separate gas distribution piping to the 
boiler room. Gas pressure not exceeding 15 psig (100 kPa 
gauge) is. permitted for boiler room equipment in excess of 
100,000 cubic feet per hour (2830 m 3 /h) provided the gas distri- 
bution piping is installed as provided for in Section 404. The 
use of pressure in excess of 15 psig (100 kPa gauge) shall be 
permitted for distribution piping provided all of the require- 
ments of Section 406 are met. 

2008 NEW YORK CITY FUEL GAS CODE 



GAS PIPING INSTALLATIONS 



TABLE 402.4(1) 
SCHEDULE 40 METALLIC PIPE 



Gas 


Natural 


Inlet Pressure 


0.5 psi or less 


Pressure Drop 


0.3 inch WC 


Specific Gravity 


0.60 



PIPE SIZE (in.) 


Nominal 


% 


\ 


v, 


3 U 


1 


1V 4 


l'>2 


2 


2% 


3 


4 


Actual ID 


0.364 


0.493 


0.622 


0.824 


1.049 


1.380 


1.610 


2.067 


2.469 


3.068 


4.026 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour 


10 


32 


72 


132 


278 


520 


1,050 


1,600 


3,050 


4,800 


8,500 


17,500 


20 


22 


49 


92 


190 


350 


730 


1,100 


2,100 


3,300 


5,900 


12,000 


30 


18 


40 


73 


152 


285 


590 


890 


1,650 


2,700 


4,700 


9,700 


40 


15 


34 


63 


130 


245 


500 


760 


1,450 


2,300 


4,100 


8,300 


50 


14 


30 


56 


115 


215 


440 


670 


1,270 


2,000 


3,600 


7,400 


60 


12 


27 


50 


105 


195 


400 


610 


1,150 


1,850 


3,250 


6,800 


70 


11 


25 


46 


96 


180 


370 


560 


1,050 


1,700 


3,000 


6,200 


80 


11 


23 


43 


90 


170 


350 


530 


990 


1,600 


2,800 


5,800 


90 


10 


22 


40 


84 


160 


320 


490 


930 


1,500 


2,600 


5,400 


100 


9 


21 


38 


79 


150 


305 


460 


870 


1,400 


2,500 


5,100 


125 


8 


18 


34 


72 


130 


275 


410 


780 


1,250 


2,200 


4,500 


150 


8 


17 


31 


64 


120 


250 


380 


710 


1,130 


2,000 


4,100 


175 


7 


15 


28 


59 


110 


225 


350 


650 


1,050 


1,850 


3,800 


200 


6 


14 


26 


55 


100 


210 


320 


610 


980 


1,700 


3,500 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283 m 3 /h, 1 pound per square inch = 6.895 kPa, 1-inch water column = 0.2488 kPa. 



TABLE 402.4(2) 
SCHEDULE 40 METALLIC PIPE 



Gas 


Natural 


Inlet Pressure 


0.5 psi or less 


Pressure Drop 


0.5 inch WC 


Specific Gravity 


0.60 



PIPE SIZE (in.) 


Nominal 


l U 


% 


% 


3 U 


1 


l'/ 4 


l'/ 2 


2 


2% 


3 


4 


Actual ID 


0.364 


0.493 


0.622 


0.824 


1.049 


1.380 


1.610 


2.067 


2.469 


3.068 


4.026 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour 


10 


43 


95 


175 


360 


680 


1,400 


2,100 


3,950 


6,300 


11,000 


23,000 


20 


29 


65 


120 


250 


465 


950 


1,460 


2,750 


4,350 


7,700 


15,800 


30 


24 


52 


97 


200 


375 


770 


1,180 


2,200 


3,520 


6,250 


12,800 


40 


20 


45 


82 


170 


320 


660 


990 


1,900 


3,000 


5,300 


10,900 


50 


18 


40 


73 


151 


285 


580 


900 


1,680 


2,650 


4,750 


9,700 


60 


16 


36 


66 


138 


260 


530 


810 


1,520 


2,400 


4,300 


8,800 


70 


15 


33 


61 


125 


240 


490 


750 


1,400 


2,250 


3,900 


8,100 


80 


14 


31 


57 


118 


220 


460 


690 


1,300 


2,050 


3,700 


7,500 


90 


13 


29 


53 


110 


205 


430 


650 


1,220 


1 ,950 


3,450 


7,200 


100 


12 


27 


50 


103 


195 


400 


620 


1,150 


1,850 


3,250 


6,700 


125 


11 


24 


44 


93 


175 


360 


550 


1,020 


1,650 


2,950 


6,000 


150 


10 


22 


40 


84 


160 


325 


500 


950 


1,500 


2,650 


5,500 


175 


9 


20 


37 


77 


145 


300 


460 


850 


1,370 


2,450 


5,000 


200 


8 


19 


35 


72 


135 


280 


430 


800 


1,280 


2,280 


4,600 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283 mVh, 1 pound per square inch = 6.895 kPa, 1-inch water column = 0.2488 kPa. 



2008 NEW YORK CITY FUEL GAS CODE 



27 



GAS PIPING INSTALLATIONS 



TABLE 402.4(3) 
SCHEDULE 40 METALLIC PIPE 



Gas 


Natural 


Inlet Pressure 


2.0 psi 


Pressure Drop 


1.0 psi 


Specific Gravity 


0.60 



PIPE SIZE (in.) 


Nominal 


V, 


% 


1 


1% 


1%. 


2 


2% 


3 


4 


Actual ID 


0.622 


0.824 


1.049 


1.380 


1.610 


2.067 


2.469 


3.068 


4.026 


Length (ft) 




Maximum Capacity in Cubic Feet of Gas per Hour 




10 


1,506 


3,041 


5,561 


11,415 


17,106 


32,944 


52,505 


92,819 


189,326 


20 


1,065 


2,150 


3,932 


8,072 


12,096 


23,295 


37,127 


65,633 


133,873 


30 


869 


1,756 


3,211 


6,591 


9,876 


19,020 


30,314 


53,589 


109,307 


40 


753 


1,521 


2,781 


5,708 


8,553 


16,472 


26,253 


46,410 


94,663 


50 


673 


1,360 


2,487 


5,105 


7,650 


14,733 


23,481 


41,510 


84,669 


60 


615 


1,241 


2,270 


4,660 


6,983 


13,449 


21,435 


37,893 


77,292 


70 


569 


1,150 


2,102 


4,315 


6,465 


12,452 


19,845 


35,082 


71,558 


80 


532 


1,075 


1,966 


4,036 


6,048 


11,647 


18,563 


32,817 


66,937 


90 


502 


1,014 


1,854 


3,805 


5,702 


10,981 


17,502 


30,940 


63,109 


100 


462 


934 


1,708 


3,508 


5,257 


10,125 


16,138 


28,530 


58,194 


125 


414 


836 


1,528 


3,138 


4,702 


9,056 


14,434 


25,518 


52,050 


150 


372 


751 


1,373 


2,817 


4,222 


8,130 


12,960 


22,911 


46,732 


175 


344 


695 


1,271 


2,608 


3,909 


7,527 


11,999 


21,211 


43,265 


200 


318 


642 


1,174 


2,413 


3,613 


6,959 


11,093 


19,608 


39,997 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283m 3 /h, 1 pound per square inch = 6.895 kPa. 



TABLE 402.4(4) 
SCHEDULE 40 METALLIC PIPE 



Gas 


Natural 


Inlet Pressure 


5.0 psi 


Pressure Drop 


3.5 psi 


Specific Gravity 


0.60 





PIPE SIZE (in.) 


Nominal 


% 


% 


1 


l } / 4 


1% 


2 


2% 


3 


4 


Actual ID 


0.622 


0.824 


1.049 


1.380 


1.610 


2.067 


2.469 


3.068 


4.026 


Length (ft) 






M 


aximum Capacity in Cubic Fee 


t of Gas per Ho 


jr 






10 


3,185 


6,434 


11,766 


24,161 


36,206 


69,727 


111,133 


196,468 


400,732 


20 


2,252 


4,550 


8,320 


17,084 


25,602 


49,305 


78,583 


138,924 


283,361 


30 


1,839 


3,715 


6,793 


13,949 


20,904 


40,257 


64,162 


113,431 


231,363 


40 


1,593 


3,217 


5,883 


12,080 


18,103 


34,864 


55,566 


98,234 


200,366 


50 


1,425 


2,878 


5,262 


10,805 


16,192 


31,183 


49,700 


87,863 


179,213 


60 


1,301 


2,627 


4,804 


9,864 


14,781 


28,466 


45,370 


80,208 


163,598 


70 


1,204 


2,432 


4,447 


9,132 


13,685 


26,354 


42,004 


74,258 


151,463 


80 


1,153 


2,330 


4,260 


8,542 


12,801 


24,652 


39,291 


69,462 


141,680 


90 


1,062 


2,145 


3,922 


8,054 


12,069 


23,242 


37,044 


65,489 


133,577 


100 


979 


1,978 


3,617 


7,427 


11,128 


21,433 


34,159 


60,387 


123,173 


125 


876 


1,769 


3,235 


6,643 


9,953 


19,170 


30,553 


54,012 


110,169 


150 


786 


1,589 


2,905 


5,964 


8,937 


17,211 


27,431 


48,494 


98,911 


175 


728 


1,471 


2,690 


5,522 


8,274 


15,934 


25,396 


44,897 


91,574 


200 j 


673 


1,360 | 


2,487 


5,104 


7,649 


14,729 


23,478 


41,504 


84,656 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283m 3 /h, 1 pound per square inch = 6.895 kPa 



28 



2008 NEW YORK CITY FUEL GAS CODE 



GAS PIPING INSTALLATIONS 



TABLE 402.4(5) 
SCHEDULE 40 METALLIC PIPE 



Gas 


Natural 


Inlet Pressure 


1.0 psi or less 


Pressure Drop 


0.3 inch WC 


Specific Gravity 


0.60 



PIPE SIZE (in.) 


Nominal 


1 


1% 


1V 2 


2 


2V ? 


3 


3>/ ? 


4 


5 


6 


8 


10 


12 


Actual ID 


1.049 


1.380 


1.610 


2.067 


2.469 


3.068 


3.548 


4.026 


5.047 


6.065 


7.981 


10.020 


11.938 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour 


50 


215 


442 


662 


1,275 


2,033 


3,594 


5,262 


7,330 


13,261 


21,472 


44,118 


80,130 


126,855 


100 


148 


304 


455 


877 


1,397 


2,470 


3,616 


5,038 


9,114 


14,758 


30,322 


55,073 


87,187 


150 


119 


244 


366 


704 


1,122 


1,983 


2,904 


4,046 


7,319 


11,851 


24,350 


44,225 


70,014 


200 


102 


209 


313 


602 


960 


1,698 


2,485 


3,462 


6,264 


10,143 


20,840 


37,851 


59,923 


250 


90 


185 


277 


534 


851 


1,505 


2,203 


3,069 


5,552 


8,990 


18,470 


33,547 


53,109 


300 


82 


168 


251 


484 


771 


1,363 


1,996 


2,780 


5,030 


8,145 


16,735 


30,396 


48,120 


400 


70 


143 


215 


414 


660 


1,167 


1,708 


2,380 


4,305 


6,971 


14,323 


26,015 


41,185 


500 


62 


127 


191 


367 


585 


1,034 


1,514 


2,109 


3,816 


6,178 


12,694 


23,056 


36,501 


1,000 


43 


87 


131 


252 


402 


711 


1,041 


1,450 


2,623 


4,246 


8,725 


15,847 


25,087 


1,500 


34 


70 


105 


203 


323 


571 


836 


1,164 


2,106 


3,410 


7,006 


12,725 


20,146 


2,000 


29 


60 


90 


173 


276 


488 


715 


996 


1,802 


2,919 


5,997 


10,891 


17,242 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283 m 3 /h, 1 pound per square inch = 6.895 kPa, 1-inch water column = 0.2488 kPa. 



TABLE 402.4(6) 
SCHEDULE 40 METALLIC PIPE 



Gas 


Natural 


Inlet Pressure 


1 .0 psi or less 


Pressure Drop 


0.5 inch WC 


Specific Gravity 


0.60 





PIPE SIZE (in.) 


Nominal 


1 


iv 4 


IV, 


2 


2V 2 


3 


3% 


4 


5 


6 


8 


10 


12 


Actual ID 


1.049 


1.380 


1.610 


2.067 


2.469 


3.068 


3.548 


4.026 


5.047 


6.065 


7.981 


10.020 


11.938 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour 


50 


284 


583 


873 


1,681 


2,680 


4,738 


6,937 


9,663 


17,482 


28,308 


58,161 


105,636 


167,236 


100 


195 


400 


600 


1,156 


1,842 


3,256 


4,767 


6,641 


12,015 


19,456 


39,974 


72,603 


114,940 


150 


157 


322 


482 


928 


1,479 


2,615 


3,828 


5,333 


9,649 


15,624 


32,100 


58,303 


92,301 


200 


134 


275 


412 


794 


1,266 


2,238 


3,277 


4,565 


8,258 


13,372 


27,474 


49,900 


78,998 


250 


119 


244 


366 


704 


1,122 


1,983 


2,904 


4,046 


7,319 


11,851 


24,350 


44,225 


70,014 


300 


108 


221 


331 


638 


1,017 


1,797 


2,631 


3,666 


6,632 


10,738 


22,062 


40,071 


63,438 


400 


92 


189 


283 


546 


870 


1,538 


2,252 


3,137 


5,676 


9,190 


18,883 


34,296 


54,295 


500 


82 


168 


251 


484 


771 


1,363 


1,996 


2,780 


5,030 


8,145 


16,735 


30,396 


48,120 


1,000 


56 


115 


173 


333 


530 


937 


1,372 


1,911 


3,457 


5,598 


11,502 


20,891 


33,073 


1,500 


45 


93 


139 


267 


426 


752 


1,102 


1,535 


2,776 


4,496 


9,237 


16,776 


26,559 


2,000 


39 


79 


119 


229 


364 


644 


943 


1,313 


2,376 


3,848 


7,905 


14,358 


22,731 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283m 3 /h, 1 pound per square inch = 6.895 kPa, 1-inch water column = 0.2488 kPa. 



2008 NEW YORK CITY FUEL GAS CODE 



29 



GAS PIPING INSTALLATIONS 



SECTION FGC 403 
PIPING MATERIALS 

403.1 General. Materials used for piping systems shall be new 
and comply with the requirements of this chapter or shall be 
approved. 

403.1.1 Pipe size and pressure limitations. 

1 . All requirements for installation of gas distribution 
piping with operating pressures at V 2 psig (3.5 kPa 
gauge) or less and above V 2 psig (3.5 kPa gauge) shall 
be in accordance with Chapter 4 of this code. 

2. Gas distribution piping operating at a pressure of over 
V 2 psig (3.5 kPa gauge) to 3 psig ( 20 kPa gauge) and 
size 4 inches (102 mm) or larger shall be welded. 

3. All gas distribution piping operating at a pressure 
above 3 psig (20 kPa gauge) shall be welded. 

4. All welding of gas distribution piping shall be subject 
to special inspection as set forth in Section 406. 

5. All piping 4 inches (102 mm)t and greater operating 
at pressure exceeding 3 psig (20 kPa gauge) must be 
butt welded, subject to special inspection and 
radiographed. 

6. Threaded piping may be used up to 4 inches ( 1 02 mm) 
at pressure no greater than V 2 psig (3.5 kPa gauge). 

403.2 Used materials. Used pipe, fittings, valves and other 
materials shall not be reused. 

403.3 Other materials. Material not covered by the standards 
specifications listed herein shall be investigated and tested to 
determine that it is safe and suitable for the proposed service, 
and, in addition, shall be recommended for that service by the 
manufacturer subject to approval by the commissioner. 

403.4 Metallic pipe. Metallic pipe shall comply with Sections 
403.4.1 through 403.4.4. 

403.4.1 Cast iron. Cast-iron pipe shall not be used. 

403.4.2 Steel. Carbon steel and wrought-iron pipe shall be 
at least of standard weight and shall comply with one of the 
following standards: 

1. ASMEB 36.10, 10M 

2. ASTM A 53; or 

3. ASTM A 106. 

403.4.3 Copper and brass. Copper and brass pipe shall not 
be used, 

403.4.4 Aluminum. Aluminum-alloy pipe shall not be 
used. 



403.5 Metallic tubing. Metallic tubing shall not be used. 

403.6 Plastic pipe, tubing and fittings. Plastic pipe, tubing 

and fittings shall not b 
401.1.1 and 401.1.2. 



1 and fittings shall not be used except as provided for in Sections 



threading, and shall be thoroughly brushed, and chip and scale 
blown. 

Defects in pipe and fittings shall not be repaired. Defective 
pipe and fittings shall be replaced (see Section 406. 1.2). 

403.8 Protective coating. Where in contact with material or 
atmosphere exerting a corrosive action, metallic piping and fit- 
tings coated with a corrosion-resistant material shall be used. 
External coatings or linings used on piping or components < 
shall not be considered as adding strength. 

403.9 Metallic pipe threads. Metallic pipe and fitting threads 
shall be taper pipe threads and shall comply with ASME 
Bl.20.1. 

403.9.1 Damaged threads. Pipe with threads that are 
stripped, chipped, corroded or otherwise damaged shall not 
be used. Where a weld opens during the operation of cutting 
or threading, that portion of the pipe shall not be used. 

403.9.2 Number of threads. Field threading of metallic 
pipe shall be in accordance with Table 403.9.2. 

TABLE 403.9.2 
SPECIFICATIONS FOR THREADING METALLIC PIPE 



IRON PIPE SIZE 
(inches) 


APPROXIMATE 

LENGTH OF 

THREADED PORTION 

(inches) 


APPROXIMATE 

NUMBER OF THREADS 

TO BE CUT 


v 2 


3 U 


10 


% 


% 


10 


1 


7 / 8 


10 


iv 4 


1 


11 


1V 2 


1 


11 


2 


1 


11 


2V 2 


l'/2 


12 


3 


17, 


12 


4 


l-% 


13 



403.7 Workmanship and defects. Pipe and fittings shall be 
clear and free from cutting burrs and defects in structure or 



For SI: 1 inch = 25.4 mm. 

403.9.3 Thread compounds. Thread (joint) compounds 
(pipe dope) shall be resistant to the action of liquefied petro- 
leum gas or to any other chemical constituents of the gases 
to be conducted through the piping. Use of cotton thread I 
(lamp wick) is prohibited. I 

403.10 Metallic piping joints and fittings. The type of piping 
joint used shall be suitable for the pressure- temperature condi- 
tions and shall be selected giving consideration to joint tight- 
ness and mechanical strength under the service conditions. The 
joint shall be able to sustain the maximum end force caused by 
the internal pressure and any additional forces caused by tem- 
perature expansion or contraction, vibration, fatigue or the 
weight of the pipe and its contents. 

403.10.1 Pipe joints. Pipe joints shall be threaded, flanged, 

or welded. ^ 

403.10.2 Tubing joints. Tubing joints shall not be used. 1 



30 



2008 NEW YORK CITY FUEL GAS CODE 



GAS PIPING INSTALLATIONS 



I 403.10.3 Flared joints. Flared joints shall not be used. 

403.10.4 Metallic fittings. Metallic fittings, including 
valves, strainers and filters, shall comply with the follow- 
ing: 

1. Threaded fittings in sizes larger than 4 inches (102 
w& mm) shall not be used. 

1 2. Fittings used with steel or wrought-iron pipe shall be 

g^ steel or malleable iron. 

3. Cast-iron fittings: 

13.1. Flanges shall be permitted. 
3.2. Bushings shall not be used. 

403.11 Reserved. 

403.12 Flanges. All flanges shall comply with ASME B16.1, 
ASMEB 16.20, AWWA CI 11/A21. 11 or MSSSP-6. The pres- 
sure-temperature ratings shall equal or exceed that required by 
the application. 

403.12.1 Flange facings. Standard facings shall be permit- 
ted for use under this code. Where 150-pound (1034 kPa) 
pressure-rated steel flanges are bolted to Class 125 cast-iron 
flanges, the raised face on the steel flange shall be removed. 

403.13 Flange gaskets. Material for gaskets shall be capable of 
withstanding the design temperature and pressure of the piping 
system, and the chemical constituents of the gas being con- 
ducted, without change to its chemical and physical properties. 
The effects of fire exposure to the joint shall be considered in 
choosing material. Acceptable materials include metal or 

1 nonasbestos fiber and aluminum "O" rings and spiral wound 
metal gaskets. When a flanged joint is opened, the gasket shall 
be replaced. Full-face gaskets shall be used with all cast-iron 
flanges. 



SECTION FGC 404 
PIPING SYSTEM INSTALLATION 

404.1 Prohibited locations. Piping shall not be installed in or 
through a circulating air duct, trash or clothes chute, chimney 
or gas vent, ventilating duct, dumbwaiter or elevator shaft. Pip- 
ing, fixtures, or equipment shall be located so as not to interfere 
with the normal operation of windows or doors and other exit 
openings. The following installation limitations shall apply: 

1 . Stair enclosures. Gas piping shall not be installed within 
a stair enclosure or required exit or exit way. 

2. Fire standpipe riser. Gas piping shall not be installed in 
any shaft containing standpipe risers. 

3. Fire pump. Gas piping or gas consumption devices or 
any other gas equipment shall not be installed within any 
space housing a fire pump. 

4. Fire-rated construction. Gas piping shall not be 
installed within concealed spaces of fire-rated construc- 
tion. 

5 . Public corridor. Gas piping shall not be installed in pub- 
lic corridors providing access to required exits. 



404.2 Piping in solid partitions and walls. Concealed piping 
shall not be located in solid partitions and solid walls, unless 
installed in a chase or casing. 

404.3 Piping in concealed locations. Portions of a piping sys- 
tem installed in concealed locations shall not have unions, tub- 
ing fittings, bushings, compression couplings or swing joints 1 
made by combinations of fittings. 

404.4 Piping through foundation wall. Underground piping, 
where installed below grade through the outer foundation or 
basement wall of a building, shall be encased in a protective 
pipe sleeve. The annular space between the gas piping and the 
sleeve shall be sealed. 

404.5 Branch take-off. Branches shall be taken off the riser I 
with not less than a two-elbow swing. ■ 

404.6 Piping in solid floors. Piping in solid floors shall be laid 
in channels in the floor and covered in a manner that will allow 
access to the piping with a minimum amount of damage to the 
building. Where such piping is subject to exposure to excessive 
moisture or corrosive substances, the piping shall be protected 
in an approved manner. As an alternative to installation in chan- 
nels, the piping shall be installed in a casing of Schedule 40 
steel or wrought iron pipe with tightly sealed ends and joints. 
At least one end shall have a vented outlet piped to a safe loca- 
tion outdoors. The vent terminal shall be outdoors, minimum 
18 inches (457 mm) above grade, not under an opening to 
building or overhang, and shall be installed so as to prevent the 
entrance of water and insects. Both ends of such casing shall 
extend not less than 2 inches (51 mm) beyond the point where 
the pipe emerges from the floor. 

404.7 Above-ground outdoor piping. All piping installed 
outdoors shall be elevated not less than 3V 2 inches (152 mm) 
above ground and where installed across roof surfaces, shall be 
elevated not less than 3V 2 inches (152 mm) above the roof sur- 
face. Piping installed above ground, outdoors, and installed 
across the surface of roofs shall be securely supported to the 
structure and located where it will be protected from physical 
damage. Where passing through an outside wall, the piping 
shall also be protected against corrosion by coating or wrap- 
ping with an inert material. Where piping is encased in a pro- 
tective pipe sleeve, the annular space between the piping and 
the sleeve shall be sealed. At least one end shall have a vented 
outlet piped to at safe location outdoors. The vent terminal 
shall be outdoors, minimum 18 inches (457 mm) above grade, 
not under an opening to building or overhang, and shall be 
installed so as to prevent the entrance of water and insects. 

404.8 Protection against corrosion. Metallic pipe exposed to 
corrosive action, such as soil condition or moisture, shall be 
protected in an approved manner. Zinc coatings (galvanizing) 
shall not be deemed adequate protection for gas piping under- 
ground. Ferrous metal exposed in exterior locations shall be 
protected from corrosion. Zinc coatings (galvanizing) shall be 
deemed adequate protection for gas piping exposed in exterior 
locations. Where dissimilar metals are joined underground, an 
insulating coupling or fitting shall be used. Piping shall not be 
laid in contact with cinders. 

404.8.1 Prohibited use. Uncoated threaded or 
socket- welded joints shall not be used in piping in contact 



2008 NEW YORK CITY FUEL GAS CODE 



31 



GAS PIPING INSTALLATIONS 



with soil or where internal or external crevice corrosion is 
known to occur. 

404.8.2 Protective coatings and wrapping. Pipe protec- 
tive coatings and wrappings shall be approved for the appli- 
cation and shall be factory applied. 

Exception: Where installed in accordance with the man- 
ufacturer's installation instructions, field application of 
coatings and wrappings shall be permitted for pipe nip- 
ples, fittings and locations where the factory coating or 
wrapping has been damaged or necessarily removed at 
joints. 

404.9 Minimum burial depth. Underground piping systems 
1 shall be installed a minimum depth of 24 inches (610 mm) 

■* below grade. 

404.10 Trenches. The trench shall be graded so that the pipe 
has a firm, substantially continuous bearing on the bottom of 
the trench. 

404.11 Piping underground beneath buildings. Piping 

installed underground beneath buildings is prohibited except 
m^ where the piping is encased in a conduit of wrought iron or steel 
pipe designed to withstand the superimposed loads. Such con- 
duit shall extend into an occupiable portion of the building and, 
at the point where the conduit terminates in the building, the 
space between the conduit and the gas piping shall be sealed to 
prevent the possible entrance of any gas leakage. The conduit 
shall be designed for the same pressure as the pipe. Such con- 
duit shall extend not less than 4 inches (102 mm) outside the 
building, and shall be vented. The vent terminal shall be out- 
doors, minimum 1 8 inches (457 mm) above grade, not under an 
opening to building or overhang, and shall be installed so as to 
prevent the entrance of water and insects. The conduit shall be 
protected from corrosion in accordance with Section 404.8. 

404.12 Outlet closures. Gas outlets that do not connect to 
appliances shall be capped gas tight. 

Exception: Listed and labeled flush-mounted-type quick 
disconnect devices and listed and labeled gas convenience 
outlets shall be installed in accordance with the manufac- 
turer's installation instructions. 

404.13 Location of outlets. The unthreaded portion of piping 
outlets shall extend not less than 1 inch (25 mm) through fin- 
ished ceilings and walls and where extending through floors or 
outdoor patios and slabs, shall not be less than 2 inches (51 
mm) above them. The outlet fitting or piping shall be securely 
supported. Outlets shall not be placed behind doors. Outlets 
shall be located in the room or space where the appliance is 
installed. 

Exception: Listed and labeled flush-mounted-type quick 
disconnect devices and listed and labeled gas convenience 
outlets shall be installed in accordance with the manufac- 
turer's installation instructions. 

1 404.14 Reserved. 

404.15 Prohibited devices. A device shall not be placed inside 
the piping or fittings that will reduce the cross-sectional area or 
otherwise obstruct the free flow of gas. 

Exception: Approved gas filters. 



404.16 Testing of piping. Before any system of piping is put in 
service or concealed, it shall be tested to ensure that it is gas 
tight. Testing, inspection and purging of piping systems shall 
comply with Section 406. 



SECTION FGC 405 
RESERVED 



SECTION FGC 406 
INSPECTION, TESTING AND PURGING 

406.1 General. Prior to acceptance and initial operation, all 
piping installations shall be inspected and pressure tested to 
determine that the materials, design, fabrication, and installa- 
tion practices comply with the requirements of this code. 

406.1.1 Inspections. Inspection shall consist of visual 
examination, during or after manufacture, fabrication, 
assembly, or pressure tests as appropriate. Supplementary 
types of nondestructive inspection techniques, such as mag- 
netic-particle, radiographic, ultrasonic, etc., shall not be 
required unless specifically listed herein or in the engineer- 
ing design. 

406.1.1.1 Welder's qualifications. Welders installing 
gas piping within buildings at any pressure shall be quali- 
fied for all pipe sizes, wall thicknesses and all positions 
in accordance with ASME Boiler and Pressure Vessel 
Code, Section IX andrequalified on an annual basis. The 
qualification testing shall be performed by an approved 
agency, and the inspector shall have a minimum radiog- 
raphy qualification of Level II in accordance with the 
ASNT, Document No. SNT-TC-1A, Supplement A. 
Copies of the certified welder qualification reports shall 
be maintained by the welder and shall be made available 
to the department upon request. 

406.1.1.2 Welding requirements. All welded gas distri- 
bution and meter piping main and branch supplies to cus- 
tomer equipment operating in excess of 3 psig (20 kPa 
gauge) inside buildings shall be welded; and shall be sub- 
ject to special inspection in accordance with Chapter 17 
of the New York City Building Code. 

Radiography shall be performed on all butt welds in 
gas meter and gas distribution piping operating at pres- 
sures exceeding 3 psig (20 kPa gauge) within buildings, 
in accordance with ASME Boiler and Pressure Vessel 
Code, Section IX. 

406.1.2 Repairs and additions. In the event repairs or addi- 
tions are made after the pressure test, the affected piping 
shall be tested. i 

406.1.3 New branches. Where new branches are installed 
from the point of delivery to new appliances, only the newly 
installed branches shall be required to be pressure tested. 
Connections between the new piping and the existing piping 
shall be tested with a noncorrosive leak-detecting fluid or 
other approved leak-detecting methods. 



32 



2008 NEW YORK CITY FUEL GAS CODE 



GAS PIPING INSTALLATIONS 



406.1.4 Section testing. A piping system shall be permitted 
to be tested as a complete unit or in sections. Under no cir- 
cumstances shall a valve in a line be used as a bulkhead 
between gas in one section of the piping system and test 
medium in an adjacent section, unless two valves are 
installed in series with a valved "telltale" located between 
these valves. A valve shall not be subjected to the test pres- 
sure unless it can be determined that the valve, including the 
valve-closing mechanism, is designed to safely withstand 
the test pressure. 

406.1.5 Regulators and vaive assemblies. Regulator and 
valve assemblies fabricated independently of the piping 
system in which they are to be installed shall be permitted to 
be tested with inert gas or air at the time of fabrication. 

406.2 Test medium. The test medium shall be air, nitrogen, 
carbon dioxide or an inert gas. Oxygen shall not be used. Fresh 
water may be used as the test medium only where the required 
test pressure exceeds 100 psig (689 kPa). 

406.3 Test preparation. Pipe joints, including welds, shall be 
left exposed for examination during the test. 

Exception: Covered or concealed pipe end joints that have 
been previously tested in accordance with this code. 

406.3.1 Expansion joints. Expansion joints shall be pro- 
vided with temporary restraints, if required, for the addi- 
tional thrust load under test. 

406.3.2 Equipment isolation. Equipment that is not to be 
included in the test shall be either disconnected from the 
piping or isolated by blanks, blind flanges, or caps. Flanged 
joints at which blinds are inserted to blank off other equip- 
ment during the test shall not be required to be tested. 

406.3.3 Equipment disconnection. Where the piping sys- 
tem is connected to equipment or components designed for 
operating pressures of less than the test pressure, such 
equipment or equipment components shall be isolated from 
the piping system by disconnecting them and capping the 
outlet(s). 

406.3.4 Valve isolation. Where the piping system is con- 
nected to equipment or components designed for operating 
pressures equal to or greater than the test pressure, such 
equipment shall be isolated from the piping system by clos- 
ing the individual equipment shutoff valve(s). 

406.3.5 Testing precautions. All testing of piping systems 
shall be done with due regard for the safety of employees 
and the public during the test. Bulkheads, anchorage, and 
bracing suitably designed to resist test pressures shall be 
installed if necessary. Prior to testing, the interior of the pipe 
shall be purged to flush out all foreign material, including 
weld splatter, dirt, rags, and other debris left inside the pipe 
during welding operations and piping installation. 

406.4 Test pressure measurement. Upon completion of the 
installation of a section of a gas system or of the entire gas sys- 
tem, and before appliances are connected thereto, the com- 
pleted section or system shall be verified as to materials, and 
tested and proven tight as follows: 

1 . Gas distribution piping shall comply with the following: 



1.1. Distribution pressures up to V 2 psig (3.5 kPa 
gauge). The completed piping is to be tested with 
a nonmercury gauge at a pressure of 3 psig (20 
kPa gauge) for a minimum of 30 minutes. 

1.2. Distribution pressures over 7 2 psig (3.5 kPa 
gauge) through 3 psig (20 kPa gauge). The com- 
pleted piping is to be tested at 50 psig (340 kPa 
gauge) for a minimum of 30 minutes. 

1.3. Distribution pressures over 3 psig (20 kPa gauge) 
through 15 psig (100 kPa gauge). The completed 
piping is to be tested at 100 psig (689 kPa gauge) 
for a minimum of 1 hour. 

1.4. Distribution pressures above 15 psig (100 kPa 
gauge). The completed piping is to be tested to 
twice the maximum allowable operating pres- 
sure, but not less than 100 psig (689 kPa gauge), 
for a minimum of 1 hour. 

1.5. Where the test pressure exceeds 125 psig (862 
kPa gauge), the test pressure shall not exceed a 
value that produces a hoop stress in the piping 
greater than 50 percent of the specified minimum 
yield strength of the pipe. 

2. Meter piping shall be pressure tested in accordance with 
the requirements of the serving utility. These require- 
ments shall be either the same as those for testing distri- 
bution piping in numbered paragraph 1 of this section or, 
if different, the piping shall be certified by the local util- 
ity as being tested in compliance with their requirements . 

3. Notwithstanding the above, all factory applied coated 
and wrapped pipe shall be pressure tested at a minimum 
of 90 psig (621 kPa gauge). For testing, the piping shall 
be filled with air or an inert gas, and the source of pres- 
sure shall be isolated before the pressure readings are 
made. All test duration time periods are to be measured 
after stabilization of testing medium. Fresh water may be 
used as the test medium only where the required test 
pressure exceeds 100 psig (689 kPa gauge). 

406.4.1 Minimum standards for nonmercury gauges. 

1. This section establishes minimum standards for 
nonmercury gauges to test gas piping, drainage and 
vent systems. 

2. Each gauge shall meet the following requirements: 

2.1. The gauge shall be manufactured and used in 
accordance with ASME B 40.100, which in- 
corporates ASME B 40.1 and ASME B 40.7, 
and the manufacturer shall provide with the 
gauge a written statement that the gauge is 
manufactured in accordance with such ASME 
standard; 

2.2. The gauge shall be labeled with the name of 
the manufacturer; 

2.3. The gauge shall be kept in a padded separate 
rigid box and the manufacturer's instructions 
for use and protection of the gauge shall be 
complied with; 



2008 NEW YORK CSTY FUEL GAS CODE 



33 



GAS PIPING INSTALLATIONS 



2.4. The units of measurement "psig" shall appear 
on the face of the gauge; and 

2.5. The gauge shall be kept in good working or- 
der. 

406.4.2 Analog gauges used to measure pressure in the 
magnitude of 3 psig (20 kPa gauge). Each analog gauge 
used to measure pressure in the magnitude of 3 psig (20 kPa 
gauge) shall meet the following requirements in addition to 
satisfying the minimum requirements set forth in section 
406.4,1: 

1. The face of the gauge shall not be smaller than 27 4 
inches (57 mm) in diameter; 

2. The gauge shall have a minimum of 270 degree (5 
rad) dial arc; 

3. The gauge shall be calibrated in increments of not 
greater than one- tenth of a pound; 

4. The range of the gauge shall not exceed 5 psig (34.5 
kPa gauge) when a 2V 4 -inch (57 mm) diameter gauge 
is used; 

5. The V I0 psig (0.69 kPa gauge) interval on the gauge 
shall not be smaller than one-tenth of an inch ( 2.5 
mm) of arc; 

6. The gauge shall be provided with an effective stop for 
the indicating pointer at the zero point; 

7. The gauge shall be protected from excessive pressure 
with a shutoff valve and prior to using the 5 psig ( 34.5 
kPa gauge) the snifter valve shall be tested with a tire 
gauge to determine the magnitude of pressure; and 

8. The gauge shall have a calibration screw. 

406.4.3 Analog gauges used to measure pressure in the 
magnitude of 5 psig (34.5 kPa gauge). Each analog gauge 
used to measure pressure in the magnitude of 5 psig (34.5 
kPa gauge) shall meet the following requirements in addi- 
tion to satisfying the minimum requirements set forth in 
Section 406.4.1: 

1. The face of the gauge shall not be smaller than 2V 4 
inches (57 mm) in diameter; 

2. The gauge shall have a minimum of 270 degree (5 
rad) dial arc; 

3. The gauge shall be calibrated in increments not 
greater than one-fifth of a pound; 

4. The range of the gauge shall not exceed 10 psig (69 
kPa gauge) when a 2V 4 inch (57 mm) diameter gauge 
is used; 

5. The one-fifth interval on the gauge shall not be 
smaller than one-tenth of an inch (2.5 mm) of arc; 

6. The gauge shall be provided with an effective stop for 
the indicating pointer at the zero point; 

7. The gauge shall be protected from excessive pressure 
with a shutoff valve and prior to using the 10 psig (69 
kPa gauge) the snifter valve shall be tested with a tire 
gauge to determine the magnitude of pressure; and 

8. The gauge shall have a calibration screw. 



406.4.4 Digital gauges used to measure pressure in the 
magnitude of 3 psig (20 kPa gauge) and higher. Each dig- 
ital gauge used to measure pressure in the magnitude of 3 
psig (20 kPa gauge) and higher shall meet the following 
requirements in addition to satisfying the minimum require- 
ments set forth in Section 406.4.1: 

1. The gauge shall have a minimum reading of V J0O of a 
psig (69 Pa), and 

2. An extra charged battery shall be readily available for 
immediate use with the gauge. 

406.4.5 Witnessing tests of gas-piping systems. Tests of 
gas piping systems in accordance with this code shall be 
witnessed by department plumbing inspectors, or approved 
agencies. The department shall prescribe qualifications for 
individuals who are authorized to witness such tests on 
behalf of approved agencies, including but not limited to the 
requirement that such individuals shall be licensed master 
plumbers or registered design professionals with not less 
than 5 years' experience in the inspection and testing of gas 
piping systems. Such tests may be conducted without any 
verifying inspection of tests by the department, provided 
that verified statements and supporting inspectorial and test 
reports are filed with the department within one working 
day of such tests. 

406.4.6 Notification. The holder of the plumbing permit 
shall give at least 2 days prior written notice to the commis- 
sioner that the plumbing work covered by the permit is 
ready for inspections and test. 

406.5 Detection of leaks and defects. The piping system shall 
withstand the test pressure specified without showing any evi- 
dence of leakage or other defects. Any reduction of test pres- 
sures as indicated by pressure gauges shall be deemed to 
indicate the presence of a leak unless such reduction can be 
readily attributed to some other cause. 

406.5.1 Detection methods. The leakage shall be located 
by means of an approved gas detector, a noncorrosive leak 
detection fluid, or other approved leak detection methods. 
Matches, candles, open flames, or other methods that could 
provide a source of ignition shall not be used. 

406.5.2 Corrections. Where leakage or other defects are 
located, the affected portion of the piping system shall be 
repaired or replaced and retested. 

406.6 System and equipment leakage test. Leakage testing of 
systems and equipment shall be in accordance with Sections 
406.6.1 through 406.6.4. 

406.6.1 Test gases. Leak checks using fuel gas shall be per- 
mitted in piping systems that have been pressure tested in 
accordance with Section 406. 

406.6.2 Before turning gas on. Before gas is introduced 
into a system of new gas piping, the entire system shall be 
inspected to determine that there are no open fittings or ends 
and that all valves at unused outlets are closed and plugged 
or capped. 

406.6.2.1 Establishing gas supply. It shall be unlawful 
for any utility company to supply gas to a building, place 
or premises in which new meters other than replacement 



i 



34 



2008 NEW YORK CITY FUEL GAS CODE 



GAS PIPING INSTALLATIONS 



are required until a certificate of approval of gas installa- 
tion from the department is filed with such utility com- 
pany. When new gas service piping has been installed it 
shall be locked-off by the utility either by locking the gas 
service line valve or by installing a locking device on the 
outside gas service line valve. The lock shall not be 
removed until the gas meter piping (other than util- 
ity-owned) and gas distribution piping has been 
inspected and certified as required by the department as 
being ready for service. 

406.6.2.2 Alterations to gas piping systems. When 
alterations, extensions or repairs to existing gas meter 
piping or gas distribution piping requires the shutoff of 
gas flow to a building, the utility shall be notified by the 
owner or his or her authorized representative. 

406.6.3 Test for leakage. Immediately after the gas is 
turned on into a new system or into a system that has been 
initially restored after an interruption of service, the piping 
system shall be tested for leakage. Where leakage is indi- 
cated, the gas supply shall be shut off until the necessary 
repairs have been made. 

406.6.4 Placing equipment in operation. Gas utilization 
equipment shall be permitted to be placed in operation after 
the piping system has been tested and determined to be free 
of leakage and purged in accordance with Section 406.7.2. 

406.6.4.1 Requirements for placing equipment in 
operation. The following will be required prior to plac- 
ing equipment in operation as applicable: 

1. Required fire protection systems (sprinkler or 
standpipe) are completed, inspected and ready for 
service. 

2. Such equipment and related gas pipings are 
inspected by the department or authorized inspec- 
tor. 

3. Associated fire suppression system is inspected 
and approved by the Fire Department. 

406.7 Purging. Purging of piping shall comply with Sections 
406.7.1 through 406.7.4. 

406.7.1 Removal from service. Where gas piping is to be 
opened for servicing, addition, or modification, the section 
to be worked on shall be turned off from the gas supply at the 
nearest convenient point, and the line pressure vented to the 
outdoors, or to ventilated areas of sufficient size to prevent 
accumulation of flammable mixtures. The remaining gas in 
this section of pipe shall be displaced with an inert gas as 
required by Table 406.7.1. 

406.7.2 Placing in operation. Where piping full of air is 
placed in operation, the air in the piping shall be displaced 
with fuel gas, except where such piping is required by Table 
406.7.2 to be purged with an inert gas prior to introduction 
of fuel gas. The air can be safely displaced with fuel gas pro- 
vided that a moderately rapid and continuous flow of fuel 
gas is introduced at one end of the line and air is vented out at 
the other end. The fuel gas flow shall be continued without 
interruption until the vented gas is free of air. The point of 
discharge shall not be left unattended during purging. After 



purging, the vent shall then be closed. Where required by 
Table 406.7.2, the air in the piping shall first be displaced 
with an inert gas, and the inert gas shall then be displaced 
with fuel gas. 

TABLE 406.7.1 
LENGTH OF PIPING REQUIRING PURGING WITH 
INERT GAS FOR SERVICING OR MODIFICATION 



NOMINAL PIPE SIZE 
(inches) 


LENGTH OF PIPING 
REQUIRING PURGING 


2V 2 


> 50 feet 


3 


> 30 feet 


4 


> 15 feet 


6 


> 10 feet 


8 or larger 


Any length 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 



TABLE 406.7.2 

LENGTH OF PIPING REQUIRING PURGING WITH 

INERT GAS BEFORE PLACING IN OPERATION 



NOMINAL PIPE SIZE 
(inches) 


LENGTH OF PIPING 
REQUIRING PURGING 


3 


> 30 feet 


4 


> 15 feet 


6 


> 10 feet 


8 or larger 


Any length 



For SI: 1 inch = 25.4 mm, 1 foot - 304.8 mm. 

406.7.3 Discharge of purged gases. The open end of piping 
systems being purged shall not discharge into confined 
spaces or areas where there are sources of ignition unless 
precautions are taken to perform this operation in a safe 
manner by ventilation of the space, control of purging rate, 
and elimination of all hazardous conditions. 

406.7.4 Placing equipment in operation. After the piping 
has been readied for operation, all equipment shall be 1 
purged and then placed in operation, as necessary. 



SECTION FGC 407 
PIPING SUPPORT 

407.1 General. Piping shall be provided with support in accor- 
dance with Section 407.2. In addition, when earthquake loads 
are applicable in accordance with the New York City Building 
Code, a detailed piping system stress analysis including seis- 
mic analysis shall be performed. The pipe supports and 
restraints shall be designed and installed to accommodate the 
resultant seismic forces, moments and displacements from this 
stress analysis in accordance with the New York City Building 
Code. 

407.2 Design and installation. Piping shall be supported with 
pipe hooks, metal pipe straps, bands, brackets, or hangers suit- 
able for the size of piping, of adequate strength and quality, and 
located at intervals so as to prevent or damp out excessive 
vibration. Piping shall be anchored to prevent undue strains on 
connected equipment and shall not be supported by other pip- 



2008 NEW YORK CITY FUEL GAS CODE 



35 



GAS PIPING INSTALLATIONS 



ing. Pipe hangers and supports shall conform to the require- 
ments of MSS SP-58 and shall be spaced in accordance with 
Section 415. Supports, hangers, and anchors shall be installed 
so as not to interfere with the free expansion and contraction of 
the piping between anchors. All parts of the supporting equip- 
ment shall be designed and installed so they will not be disen- 
gaged by movement of the supported piping. 



SECTION FGC 408 
DRIPS AND SLOPED PIPING 

408.1 Slopes. Piping for other than dry gas conditions shall be 
sloped not less than ! / 4 inch in 15 feet (6.3 mm in 4572 mm) to 
prevent traps. The local gas supplier/utility company should be 
consulted to determine the type of fuel gas available for the 
intended service. 

408.2 Drips. Where the local gas supplier/utility company 
requires, a manufactured test fitting or drip leg shall be 
installed downstream of a lockable supply/riser valve in accor- 
dance with the requirements for installation of the serving util- 
ity. No other locations will be allowed to prevent additional 
unapproved gas connections. 

408.3 Reserved. 

408.4 Sediment trap. Where a sediment trap is not incorpo- 
rated as part of the gas utilization equipment, a sediment trap 
shall be installed downstream of the equipment shutoff valve as 
close to the inlet of the equipment as practical. The sediment 
trap shall be either a tee fitting with a capped nipple in the bot- 
tom opening of the run of the tee or other device approved as an 
effective sediment trap. Illuminating appliances, ranges, 
clothes dryers and outdoor grills need not be so equipped. 



SECTION FGC 409 
SHUTOFF VALVES 

409.1 General. Piping systems shall be provided with shutoff 
valves in accordance with this section. 

409.1.1 Valve approval. Shutoff valves shall be of an 
approved type. Shutoff valves shall be constructed of mate- 
rials compatible with the piping. Shutoff valves installed in 
a portion of a piping system operating above 0.5 psig (3.5 
kPa gauge) shall comply with ASME B 16.33. Shutoff 
valves installed in a portion of a piping system operating at 
0.5 psig (3.5 kPa gauge) or less shall comply with ANSI Z 
21.15 or ASME B 16.33. 

409.1.2 Prohibited locations. Shutoff valves shall be pro- 
hibited in concealed locations and furnace plenums. 

409.1.3 Access to shutoff valves. Shutoff valves shall be 
located in places so as to provide access for operation and 
shall be installed so as to be protected from damage. 

409.2 Meter valve. Every meter shall be equipped with a shut- 
off valve located on the supply side of the meter. 

409.3 Shutoff valves for multiple-house line systems. Where 
a single meter is used to supply gas to more than one building or 
tenant, a separate shutoff valve shall be provided for each 
building or tenant. 



409.3.1 Multiple tenant buildings. In multiple tenant 
buildings, where a common piping system is installed to 
supply other than one- and two-family dwellings, shutoff 
valves shall be provided for each tenant. Each tenant shall 
have access to the shutoff valve serving that tenant's space. 

409.3.2 Individual buildings. In a common system serving 
more than one building, shutoff valves shall be installed out- 
doors at each building. 

409.3.3 Identification of shutoff valves. Each house line 
shutoff valve shall be plainly marked with an identification 
tag attached by the installer so that the piping systems sup- 
plied by such valves are readily identified. 

409.4 MP regulator valves. A listed shutoff valve shall be 
installed immediately ahead of each MP regulator. 

409.5 Equipment shutoff valve. Each appliance shall be pro- 
vided with a shutoff valve separate from the appliance. The 
shutoff valve shall be located in the same room as the appli- 
ance, not further than 6 feet ( 1 829 mm) from the appliance, and 
shall be installed upstream from the union, connector or quick 
disconnect device it serves. Such shutoff valves shall be pro- 
vided with access. 

Exception: Shutoff valves for vented decorative appliances 
and decorative appliances for installation in vented fire- 
places shall not be prohibited from being installed in an area 
remote from the appliance where such valves are provided 
with ready access. Such valves shall be permanently identi- 
fied and shall serve no other equipment. Piping from the 
shutoff valve to within 3 feet (914 mm) of the appliance con- 
nection shall be sized in accordance with Section 402. 

409.5.1 Shutoff valve in fireplace. Equipment shutoff 
valves located in the firebox of a fireplace shall be installed 
in accordance with the appliance manufacturer's instruc- 
tions. 

409.6 Outside gas cut-off. An outside gas service line valve or 
other outside shutoff device or method acceptable to the com- 
missioner shall be provided in accordance with Section E.2 of 
Appendix E of this code. 



SECTION FGC 410 
FLOW CONTROLS 

410.1 Pressure regulators. A line pressure regulator shall be 
installed where the appliance is designed to operate at a lower 
pressure than the supply pressure. Access shall be provided to 
pressure regulators. Pressure regulators shall be protected from 
physical damage. Regulators installed on the exterior of the 
building shall be approved for outdoor installation. 

410.2 MP regulators. MP pressure regulators shall comply 
with the following: 

1 . The MP regulator shall be approved and shall be suitable 
for the inlet and outlet gas pressures for the application. 

2. The MP regulator shall maintain a reduced outlet pres- 
sure under lockup (no-flow) conditions. 

3. The capacity of the MP regulator, determined by pub- 
lished ratings of its manufacturer, shall be adequate to 
supply the appliances served. 



36 



2008 NEW YORK CITY FUEL GAS CODE 



GAS PIPING INSTALLATIONS 



4. The MP pressure regulator shall be provided with access. 
Where located indoors, the regulator shall be vented to 
the outdoors or shall be equipped with a leak-limiting 
device, in either case complying with Section 410.3. 

5 . A tee fitting with one opening capped or plugged shall be 
installed between the MP regulator and its upstream 
shutoff valve. Such tee fitting shall be positioned to 
allow connection of a pressure-measuring instrument 
and to serve as a sediment trap. 

6. A tee fitting with one opening capped or plugged shall be 
installed not less than 10 pipe diameters downstream of 
the MP regulator outlet. Such tee fitting shall be posi- 
tioned to allow connection of a pressure-measuring 
instrument. 

410.3 Venting of regulators. Pressure regulators that require a 
vent shall have an independent vent to the outside of the build- 
ing. The vent shall be designed to prevent the entry of water or 
foreign objects. The vent terminal shall be outdoors, a mini- 
mum of 1 8 inches (457 mm) above grade, not under an opening 
to met building or overhang, and shall be installed so as to pre- 
vent the entrance of water and insects. 

Exception: A vent to the outside of the building is not 
required for regulators less than 1 7 4 inches (3 1.7 mm) NPS 
equipped with and labeled for utilization with approved 
vent-limiting devices installed in accordance with the man- 
ufacturer's instructions. 



SECTION FGC 411 
APPLIANCE CONNECTIONS 

411.1 Connecting appliances. Appliances shall be connected 
to the piping system by one of the following: 

1. Rigid metallic pipe and fittings. Space heaters and water 
heaters within dwelling units shall be connected using 
rigid piping and fittings only. Use of semirigid (flexible) 
metallic tubing, fittings, appliance connectors or 
quick-disconnect devices is not permitted for this appli- 
cation. 

2. Semirigid (flexible) metallic tubing and metallic fittings. 
Lengths shall not exceed 6 feet (1829 mm) and shall be 
located entirely in the same room as the appliance. 
Semirigid metallic tubing shall not enter a motor-oper- 
ated appliance through an unprotected knockout open- 
ing. 

3. Listed and labeled appliance connectors installed in 
accordance with the manufacturer's installation instruc- 
tions and located entirely in the same room as the appli- 
ance. 

4. Listed and labeled quick-disconnect devices used in con- 
junction with listed and labeled appliance connectors. 

5. Listed and labeled convenience outlets used in conjunc- 
tion with listed and labeled appliance connectors. 

6. Listed and labeled appliance connectors complying with 
ANSI Z 21 .69 and listed for use with food service equip- 
ment having casters, or that is otherwise subject to move- 
ment for cleaning, and other large movable equipment. 



411.1.1 Protection from damage. Connectors and tubing 
shall be installed so as to be protected against physical dam- 
age. 

411.1.2 Appliance fuel connectors. Connectors shall have 
an overall length not to exceed 3 feet (914 mm), except for 
range and domestic clothes dryer connectors, which shall 
not exceed 6 feet (1829 mm) in length. Connectors shall not 
be concealed within, or extended through, walls, floors, par- 
titions, ceilings or appliance housings. A shutoff valve not 
less than the nominal size of the connector shall be installed 
ahead of the connector in accordance with Section 409.5. 
Connectors shall be sized to provide the total demand of the 
connected appliance. 

Exception: Fireplace inserts factory equipped with 
grommets, sleeves, or other means of protection in accor- 
dance with the listing of the appliance. 

411.1.3 Movable appliances. Where appliances are 
equipped with casters or are otherwise subject to periodic 
movement or relocation for purposes such as routine clean- 
ing and maintenance, such appliances shall be connected to 
the supply system piping by means of an approved flexible 
connector designed and labeled for the application. Such 
flexible connectors shall be installed and protected against 
physical damage in accordance with the manufacturer's 
installation instructions. 



SECTION FGC 412 1 
LIQUEFIED PETROLEUM GAS MOTOR VEHICLE 
FUEL-DISPENSING STATIONS 

412.1 Applicability. Motor fuel-dispensing facilities for 
LP-gas fuel shall be designed and operated in accordance with 1 
the New York City Fire Code. I 

412.2 Reserved, I 

412.3 Reserved. ^ 

412.4 Reserved. 1 

412.5 Reserved. I 

412.6 Reserved. 1 

412.7 Reserved. 1 

412.8 Reserved. ■ 



SECTION FGC 413 

COMPRESSED NATURAL GAS MOTOR VEHICLE 

FUEL-DISPENSING STATIONS 

413.1 Applicability. Motor fuel-dispensing facilities for CNG 
fuel shall be designed and operated in accordance with the New 
York City Fire Code. 

413.2 Reserved. 

413.3 Reserved. 

413.4 Reserved. 

413.5 Reserved. 

413.6 Reserved. 



2008 NEW YORK CITY FUEL GAS CODE 



37 



GAS PIPING INSTALLATIONS 



413.7 Reserved. 

413.8 Reserved. 



SECTION FGC 414 
RESERVED 



SECTION FGC 415 
PIPING SUPPORT INTERVALS 

415.1 Interval of support. Piping shall be supported at inter- 
vals not exceeding the spacing specified in Table 415.1. 

TABLE 415.1 
SUPPORT OF PIPING 



STEEL PIPE, 

NOMINAL SIZE 

OF PIPE 

(inches) 


SPACING OF 

SUPPORTS 

(feet) 


NOMINAL SIZE 
OF TUBING 

(SMOOTH-WALL) 

(inch O.D.) 


SPACING OF 

SUPPORTS 

(feet) 


% 


6 


% 


4 


% or 1 


8 


%or 3 / 4 


6 


1 V 4 or larger 
(horizontal) 


10 


7 / 8 orl 
(Horizontal) 


8 


1 ! / 4 or larger 
(vertical) 


Every floor 
level 


1 or Larger 
(vertical) 


Every floor 
level 



For SI: 1 inch = 25.4 mm, 1 foot = 304.J 



38 



2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 5 

CHIMNEYS AND VENTS 



1 SECTION FGC 501 

GENERAL 

I 501.1 Scope. This chapter shall govern the installation, alter- 
ation, maintenance, design, minimum safety requirements, 
repair and approval of factory-built chimneys, chimney liners, 

1 vents and connectors, field-built chimneys and connectors and 
the utilization of masonry chimneys serving gas-fired appli- 
ances. The requirements for the installation, maintenance, 
repair and approval of factory -built chimneys, chimney liners, 
vents and connectors serving appliances burning fuels other 

I than fuel gas shall be regulated by the New York City Mechani- 
cal Code. The construction, repair, maintenance and approval 

1 of masonry chimneys shall be regulated by the New York City 
Building Code. 

501.1.1 Adjoining chimneys and vents. Adjoining chim- 
neys and vents shall be in accordance with Sections 
501.1.1.1 through* 501.1.1.8. 

501.1.1.1 Responsibility of owner of taller building. 

Whenever a building is erected, enlarged, or increased in 
height so that any portion of such building, except chim- 
neys or vents, extends higher than the top of any previ- 
ously constructed chimneys or vents within 100 feet (30 
480 mm), the owner of such new or altered building shall 
have the responsibility of altering such chimneys or 
vents to make them conform with the requirements of 
this chapter. A chimney or vent that is no longer con- 
nected with a fireplace or combustion or other equipment 
for which a chimney or vent was required shall be exempt 
from this requirement. Such alterations shall be accom- 
plished by one of the following means or a combination 
thereof: 

1. Carry up the previously constructed chimneys or 
vents to the height required in this chapter. 

2. Offset such chimneys or vents to a distance beyond 
that required in Chapter 5 of this code from the 
new or altered building provided that the new loca- 
tion of the outlet of the offset chimney or vent shall 
otherwise comply with the requirements of this 
chapter. 

Such requirements shall not dispense with or modify 
any additional requirements that may be applicable pur- 
suant to rules of the New York City Department of Envi- 
ronmental Protection. 

501.1.1.2 Protection of draft. After the alteration of a 
chimney or vent as required by this section, it shall be the 
responsibility of the owner of the new or altered building 
to provide any mechanical equipment or devices neces- 
sary to maintain the proper draft in the equipment. 

501.1.1.3 Written notification. The owner of the new or 
altered building shall notify the owner of the building 
affected in writing at least 45 days before starting the 



work required and request written consent to do such 
work. Such notice shall be accompanied by plans indi- 
cating the manner in which the proposed alterations are 
to be made. 

501.1.1.4 Approval. The plans and method of alteration 
shall be subject to the approval of the commissioner. 

501.1.1.5 Refusal of consent. If consent is not granted 
by the owner of the previously constructed building to do 
the alteration work required by this section, such owner 
shall signify his or her refusal in writing to the owner of 
the new or altered building and to the commissioner; and 
the owner of the new or altered building having submit- 
ted plans that conform to the requirements of this section, 
shall thereupon be released from any responsibility for 
the proper operation of the equipment due to loss of draft 
and for any health hazard or nuisance that may occur as a 
result of the new or altered building. Such responsibili- 
ties shall then be assumed by the owner of the previously 
constructed building. Similarly, should such owner fail 
to grant consent within 45 days from the date of written 
request or fail to signify his or her refusal, he or she shall 
then assume all responsibilities as prescribed above. 

501.1.1.6 Procedure. It shall be the obligation of the 
owner of the new or altered building to: 

1. Schedule this work so as to create a minimum of 
disturbance to the occupants of the affected build- 
ing; 

2. Provide such essential services as are normally 
supplied by the equipment while it is out of ser- 
vice; 

3. Where necessary, support such extended chim- 
neys, vents and equipment from this building or to 
carry up such chimneys or vents within his or her 
building; 

4. Provide for the maintenance, repair, and/or 
replacement of such extensions and added equip- 
ment; and 

5. Make such alterations of the same material as the 
original chimney or vent so as to maintain the same 
quality and appearance, except where the affected 
owner of the chimney or vent shall give his or her 
consent to do otherwise. All work shall be done in 
such fashion as to maintain the architectural aes- 
thetics of the existing building. Where there is 
practical difficulty in complying strictly with the 
provisions of this item, the commissioner may per- 
mit an equally safe alternative. 

501.1.1.7 Existing violations. Any existing violations 
on the previously constructed equipment shall be cor- 
rected by the owner of the equipment before any equip- 



2008 NEW YORK CITY FUEL GAS CODE 



39 



CHIMNEYS AND VENTS 



merit is added or alterations made at the expense of the 
owner of the new or altered building. 

501.1.1.8 Variance. The commissioner may grant a vari- 
ance in accordance with the provisions of this code. 

501.2 General. Every appliance shall discharge the products of 
combustion to the outdoors, except for appliances exempted by 
Section 501.8. 

501.2.1 Design. Chimneys and vents shall be designed and 
constructed so as to provide the necessary draft and capacity 
for each appliance connected to completely exhaust the 
products of combustion to the outside air. The temperature 
on adjacent combustible surfaces shall not be raised above 
160°F (71°C). Condensation shall not be developed to an 
extent that can cause deterioration of the chimney or vent. 

501.2.2 Outlets. The outlet shall be arranged so^: that the 
flue gases are not directed so that they jeopardize people, 
overheat combustible structures, or enter building openings 
in the vicinity of the outlet. Gas-fired appliances shall be 
vented in accordance with this code and NFPA 54. 

501.2.3 Support. Chimneys and vents shall not be sup- 
ported by the equipment they serve unless such equipment 
has been specifically designed for such loads. 

501.3 Masonry chimneys. Masonry chimneys shall be con- 
structed in accordance with Section 503.5.3 and the New York 
City Building Code. 

501.4 Minimum size of chimney or vent. Chimneys and vents 
shall be sized in accordance with Section 504. 

501.5 Abandoned iniet openings. Abandoned inlet openings 
in chimneys and vents shall be closed by an approved method. 

501.6 Positive pressure. Where an appliance equipped with a 
mechanical forced draft system creates a positive pressure in 
the venting system, the venting system shall be designed for 
positive pressure applications. 

501.7 Connection to fireplace. Connection of appliances to 
chimney flues serving fireplaces shall be in accordance with 
Sections 501.7.1 through 501.7.3. 

501.7.1 Closure and access. A noncombustible seal shall 
be provided below the point of connection to prevent entry 
of room air into the flue. Means shall be provided for access 
to the flue for inspection and cleaning. 

501.7.2 Connection to factory-built fireplace flue. An 

appliance shall not be connected to a flue serving a fac- 
tory-built fireplace unless the appliance is specifically listed 
for such installation. The connection shall be made in accor- 
dance with the appliance manufacturer's installation 
instructions. 

501.7.3 Connection to masonry fireplace flue. A connec- 
tor shall extend from the appliance to the flue serving a 
masonry fireplace such that the flue gases are exhausted 
directly into the flue. The connector shall be accessible or 
removable for inspection and cleaning of both the connector 
and the flue. Listed direct connection devices shall be 
installed in accordance with their listing. 



501.8 Equipment not required to be vented. The following 
appliances shall not be required to be vented: 

1. Ranges. 

2. Built-in domestic cooking units listed and marked for 
optional venting. 

3. Hot plates and laundry stoves. 

4. Type 1 clothes dryers (Type 1 clothes dryers shall be 
exhausted in accordance with the requirements of Sec- 
tion 614). 

5. A single booster-type automatic instantaneous water 
heater, where designed and used solely for the sanitizing 
rinse requirements of a dishwashing machine, provided 
that the heater is installed in a commercial kitchen having 
a mechanical exhaust system. Where installed in this 
manner, the draft hood, if required, shall be in place and 
unaltered and the draft hood outlet shall be not less than 
36 inches (914 mm) vertically and 6 inches (152 mm) 
horizontally from any surface other than the heater. 

6. Refrigerators. 

7. Counter appliances. 

8. Specialized equipment of limited input such as labora- 
tory burners and gas lights. 

9. Recirculating direct-fired industrial air heaters as pro- 
vided for in Section 612. 

Where the appliances and equipment listed in Items 5 
through 9 above are installed so that the aggregate input rating 
exceeds 20 British thermal units (Btu) per hour per cubic feet 
(207 watts per m 3 ) of volume of the room or space in which 
such appliances and equipment are installed, one or more shall 
be provided with venting systems or other approved means for 
conveying the vent gases to the outdoor atmosphere so that the 
aggregate input rating of the remaining unvented appliances 
and equipment does not exceed the 20 Btu per hour per cubic 
foot (207 watts per m 3 ) figure. Where the room or space in 
which the equipment is installed is directly connected to 
another room or space by a doorway, archway, or other opening 
of comparable size that cannot be closed, the volume of such 
adjacent room or space shall be permitted to be included in the 
calculations. 

501.9 Chimney entrance. Connectors shall connect to a 
masonry chimney flue at a point not less than 12 inches (305 
mm) or one chimney diameter above the lowest portion of the 
interior of the chimney flue. 

501.10 Connections to exhauster. Appliance connections to a 
chimney or vent equipped with a power exhauster shall be 
made on the inlet side of the exhauster. Joints and vent systems 
on the positive pressure side of the exhauster shall be sealed to 
prevent flue-gas leakage as specified by the manufacturer's 
installation instructions for the exhauster. 

501.11 Masonry chimneys. Masonry chimneys utilized to 
vent appliances shall be located, constructed and sized as speci- 
fied in the manufacturer's installation instructions for the appli- 
ances being vented and Section 503. 



40 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



501.12 Residential and low-heat appliances flue lining sys- 
tems. Flue lining systems for use with residential-type and 
low-heat appliances shall be limited to the following: 

1. Clay flue lining complying with the requirements of 
ASTM C 315 or equivalent. Clay flue lining shall be 
installed in accordance with the New York City Building 
Code. 

2. Listed chimney lining systems complying with UL 1777. 

3. Other approved materials that will resist, without crack- 
ing, softening or corrosion, flue gases and condensate at 
temperatures up to 1,800°F (982°C). 

501.13 Category I appliance flue lining systems. Flue lining 
systems for use with Category I appliances shall be limited to 
the following: 

1. Flue lining systems complying with Section 501.12. 

2. Chimney lining systems listed and labeled for use with 
gas appliances with draft hoods and other Category I gas 
appliances listed and labeled for use with Type B vents. 

501.14 Category II, III and IV appliance venting systems. 

The design, sizing and installation of vents for Category II, III 
and IV appliances shall be in accordance with the appliance 
manufacturer's installation instructions. 

501.15 Existing chimneys and vents. Where an appliance is 
permanently disconnected from an existing chimney or vent, or 
where an appliance is connected to an existing chimney or vent 
during the process of a new installation, the chimney or vent 
shall comply with Sections 501.15.1 through 501.15.4. 

501.15.1 Size. The chimney or vent shall be resized as nec- 
essary to control flue gas condensation in the interior of the 
chimney or vent and to provide the appliance or appliances 
served with the required draft. For Category I appliances, 
the resizing shall be in accordance with Section 502. 

501.15.2 Flue passageways. The flue gas passageway shall 
be free of obstructions and combustible deposits and shall 
be cleaned if previously used for venting a solid or liquid 
fuel-burning appliance or fireplace. The flue liner, chimney 
inner wall or vent inner wall shall be continuous and shall be 
free of cracks, gaps, perforations or other damage or deteri- 
oration which would allow the escape of combustion prod- 
ucts, including gases, moisture and creosote. 

501.15.3 Cleanout. Masonry chimney Hues shall be pro- 
vided with a cleanout opening having a minimum height of 
6 inches (152 mm). The upper edge of the opening shall be 
located not less than 6 inches (152 mm) below the lowest 
chimney inlet opening. The cleanout shall be provided with 

I a tight-fitting, noncombustible cover of a minimum size of 8 
inches by 8 inches (203 mm by 203 mm). 

501.15.4 Clearances. Chimneys and vents shall have air- 

I space clearance to combustibles in accordance with the New 
York City Building Code and the chimney or vent manufac- 
turer's installation instructions. Noncombustible firestop- 
ping or fireblocking shall be provided in accordance with 
1 the New York City Building Code. 

Exception: Masonry chimneys equipped with a chim- 
ney lining system tested and listed for installation in 

2008 NEW YORK CITY FUEL GAS CODE 



chimneys in contact with combustibles in accordance 
with UL 1777, and installed in accordance with the man- 
ufacturers instructions, shall not be required to have 
clearance between combustible materials and exterior 
surfaces of the masonry chimney. 



SECTION FGC 502 I 

VENTS 

502.1 General. All vents, except as provided in Section 503.7, 
shall be listed and labeled. Type B and B W vents shall be tested 
in accordance with UL 441 and labeled or field fabricated in I 
accordance with NFPA 211. Type L vents shall be tested in I 
accordance with UL 641. Vents for Category II and III appli- 
ances shall be tested in accordance with UL 1 738. Plastic vents 
for Category IV appliances shall not be required to be listed and 
labeled where such vents are as specified by the appliance man- 
ufacturer and are installed in accordance with the appliance 
manufacturer's installation instructions. 

502.2 Connectors required. Connectors shall be used to con- 
nect appliances to the vertical chimney or vent, except where 
the chimney or vent is attached directly to the appliance. Vent 
connector size, material, construction and installation shall be 
in accordance with Section 503. 

502.3 Vent application. The application of vents shall be in 
accordance with Table 503.4. 

502.4 Insulation shield. Where vents pass through insulated 
assemblies, an insulation shield constructed of not less than 26 
gage sheet (0.016 inch) (0.4mm) metal shall be installed to pro- 
vide clearance between the vent and the insulation material. 
The clearance shall not be less than the clearance to combusti- 
bles specified by the vent manufacturer's installation instruc- 
tions. Where vents pass through attic space, the shield shall 
terminate not less than 2 inches (5\ mm) above the insulation 
materials and shall be secured in place to prevent displacement. 
Insulation shields provided as part of a listed vent system shall 
be installed in accordance with the manufacturer's installation 
instructions. 

502.5 Installation. Vent systems shall be sized, installed and 
terminated in accordance with the vent and appliance manufac- 
turer's installation instructions and Section 503. 

502.6 Support of vents. All portions of vents shall be ade- 
quately supported for the design and weight of the materials 
employed. 



SECTION FGC 503 
VENTING OF EQUIPMENT 

503.1 General. This section recognizes that the choice of vent- 
ing materials and the methods of installation of venting sys- 
tems are dependent on the operating characteristics of the 
equipment being vented. The operating characteristics of 
vented equipment can be categorized with respect to (1) posi- 
tive or negative pressure within the venting system; and (2) 
whether or not the equipment generates flue or vent gases that 
might condense in the venting system. See Section 202 for the 
definition of these vented appliance categories. 

41 



CHIMNEYS AND VENTS 



503.2 Venting systems required. Except as permitted in Sec- 
1 tions 503.2.1 through 503.2.3 and 501.8, all equipment shall be 
connected to venting systems. 

503.2.1 Ventilating hoods. Ventilating hoods and exhaust 
systems shall be permitted to be used to vent equipment 
installed in commercial applications (see Section 503.3.4) 
and to vent industrial equipment, such as where the process 
itself requires fume disposal. 

503.2.2 Direct- vent equipment. Listed direct-vent equip- 
ment shall be considered properly vented where installed in 
accordance with the terms of its listing, the manufacturer's 
instructions and Section 503.8. 

503.2.3 Equipment with integral vents. Equipment incor- 
porating integral venting means shall be considered prop- 
erly vented when installed in accordance with its listing, the 
manufacturer's instructions and Section 503.8. 

503.3 Design and construction. A venting system shall be 
designed and constructed so as to develop a positive flow ade- 
quate to convey flue or vent gases to the outdoor atmosphere. 

503.3.1 Equipment draft requirements. A venting system 
shall satisfy the draft requirements of the equipment in 
accordance with the manufacturer's instructions. 

503.3.2 Design and construction. Gas utilization equip- 
ment required to be vented shall be connected to a venting 
system designed and installed in accordance with the provi- 
sions of Sections 503.4 through 503.15. 

503.3.3 Mechanical draft systems. Mechanical draft sys- 
tems shall comply with the following: 

1. Mechanical draft systems shall be listed and shall be 
installed in accordance with the terms of their listing 
and both the appliance and the mechanical draft sys- 
tem manufacturer's instructions. 

2. Equipment, except incinerators, requiring venting 
shall be permitted to be vented by means of mechani- 
cal draft systems of either forced or induced draft 
design. 

3. Forced draft systems and all portions of induced draft 
systems under positive pressure during operation 
shall be designed and installed so as to prevent leak- 
age of flue or vent gases into a building. 

4. Vent connectors serving equipment vented by natural 
draft shall not be connected into any portion of 
mechanical draft systems operating under positive 
pressure. 

5. When a mechanical draft system is employed, provi- 
sion shall be made to prevent the flow of gas to the 
main burners when the draft system is not performing 
so as to satisfy the operating requirements of the 
equipment for safe performance. 

6. The exit terminals of mechanical draft systems shall 
be in compliance with Section 503.8. 

503.3.4 Ventilating hoods and exhaust systems. Ventilat- 
ing hoods and exhaust systems shall be permitted to be used 
to vent gas utilization equipment installed in commercial 
applications. Where automatically operated equipment is 



42 



vented through a ventilating hood or exhaust system 
equipped with a damper or with a power means of exhaust, 
provisions shall be made to allow the flow of gas to the main 
burners only when the damper is open to a position to prop- 
erly vent the equipment and when the power means of 
exhaust is in operation. 

503.3.5 Circulating air ducts and furnace plenums. No 

portion of a venting system shall extend into or pass through 
any circulating air duct or furnace plenum. 

503.4 Type of venting system to be used. The type of venting 
system to be used shall be in accordance with Table 503.4. 

503.4.1 Plastic piping. Plastic piping used for venting 
equipment listed for use with such venting materials shall be 
permitted when approved by the commissioner. 1 

503.4.2 Special gas vent. Special gas vent shall be listed 
and installed in accordance with the terms of the special gas 
vent listing and the manufacturers' instructions. 

503.5 Masonry, metal, and factory-built chimneys. 

Masonry, metal and factory-built chimneys shall comply with 
Sections 503.5.1 through 503.5,10. 

503.5.1 Factory-built chimneys. Factory-built chimneys 
shall be installed in accordance with their listing and the 
manufacturers' instructions. Factory-built chimneys used to 
vent appliances that operate at positive vent pressure shall 
be listed for such application. 

503.5.2 Metal chimneys. Metal chimneys shall be built and 
installed in accordance with NFPA 211. 

503.5.3 Masonry chimneys. Masonry chimneys shall be 
built and installed in accordance with Chapter 2 1 of the New 1 
York City Building Code and NFPA 21 1, and shall be lined I 
with approved clay flue lining, a listed chimney lining sys- 
tem, or other approved material that will resist corrosion, 
erosion, softening, or cracking from vent gases at tempera- 
tures up to 1800°F (982°C). 

Exception: Masonry chimney flues serving listed gas 
appliances with draft hoods, Category I appliances and 
other gas appliances listed for use with Type B vent shall 
be permitted to be lined with a chimney lining system 
specifically listed for use only with such appliances. The 
liner shall be installed in accordance with the liner manu- 
facturer's instructions and the terms of the listing. A per- 
manent identifying label shall be attached at the point 
where the connection is to be made to the liner. The label 
shall read: "This chimney liner is for appliances that burn 
gas only. Do not connect to solid or liquid fuel-burning 
appliances or incinerators." 

For information on installation of gas vents in existing 
masonry chimneys, see Section 503.6.5. 

503.5.4 Chimney termination. Chimneys serving 
gas-fired equipment shall comply with the appliance listing, 
the manufacturer's instructions and the following require- 
ments: 

1. Chimneys serving appliances less than 600°F 
(316°C) shall extend at least 3 feet (914 mm) above 
the highest construction, such as a roof ridge, parapet 

2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



wall, or penthouse, within 10 feet (3048 mm) of the 
chimney outlet, whether the construction is on the 
same building as the chimney or on another building. 
However, such constructions do not include other 
chimneys, vents, or open structural framing. Any 
chimney located beyond 10 feet (3048 mm) from 
such construction, but not more than the distance 
determined by Equation 5-1 shall be at least as high as 
the construction. 

2. Chimneys serving appliances between 600°F 
(316°C) and 1000T (538°C) shall extend at least 10 
feet (3048 mm) above the highest construction, such 
as a roof ridge, or parapet wall or penthouse within 20 
feet (6096 mm) of the chimney outlet, whether the 
construction is on the same building as the chimney or 
on another building. However, such constructions do 
not include other chimneys, and vents or open struc- 
tural framing. Any chimney located beyond 20 feet 
(6096 mm) from such construction but not more than 
the distance determined by Equation 5-1 shall be at 
least as high as the construction. 

3. Chimneys serving appliances greater than 1000°F 
(538°C) shall extend at least 20 feet (6096 mm) above 



the highest construction, such as roof ridge, parapet 
wall, penthouse, or other obstruction within 50 feet 
(15 240 mm) of the chimney outlet, whether the con- 
struction is on the same building as the chimney or in 
another building. However, such constructions do 
not include other chimneys, vents, or open structural 
framing. Any chimney located beyond 50 feet (15 
240 mm) from such construction but not more than 
the distance determined by Equation 5-1 shall be at 
least as high as the construction. 

4. Termination caps shall not be permitted and a 3-inch 
(76 mm) minimum drain installed to receive collected 
water shall be required. A positive means shall be pro- 
vided to prevent water from entering the appliance. 

Exception: Termination caps shall be permitted 

on listed factory-built chimneys, 

5. Decorative shrouds shall not be installed at the termi- 
nation of factory-built chimneys except where such 
shrouds are listed and labeled for use with the specific 
factory-built chimney system and are installed in 
accordance with the manufacturers' installation 
instructions. 



TABLE 503.4 
TYPE OF VENTING SYSTEM TO BE USED 



GAS UTILIZATION EQUIPMENT 



Listed Category I equipment 

Listed equipment equipped with draft hood 

Equipment listed for use with Type B gas vent 



Listed vented wall furnaces 



Category II equipment 



Category III equipment 



Category IV equipment 



Incinerators, indoors 



Incinerators, outdoors 



Equipment which may be converted to use of solid fuel 



Unlisted combination gas and oil-burning equipment 



Listed combinati on gas and oil-burning equipment 



Combination gas and solid fuel -burning equipment 



Equipment listed for use with chimneys only 



Unlisted equipment 



Decorative applian ce in vented fireplace 



Direct vent eq uipment 



Equipment wit h integral v ent 



TYPE OF VENTING SYSTEM 



Type B gas vent (Section 503.6) 

Chimney (Section 503.5) 

Single-wall metal pipe (Section 503.7) 

Listed chimney lining system for gas venting (Section 503.5.3) 

Special gas ve nt listed for this equipment (Section 503.4.2) 



Typ e B-W gas vent (Sections 503.6, 608) 



As specified or furnished by manufacturers of listed equipment 
(Sections 503.4.1, 503.4.2) 



As specified or furnished by manufacturers of listed equipment 
(Sections 503.4.1, 503.4.2) 



As specified or furnished by manufacturers of listed equipment 
(Sections 503.4.1, 503.4.2) 



Chimney (Sectio n 503.5) 



Single-wall metal pipe (Sect ions 503.7, 503.7.6) 



Chimney (Section 503.5) 



Chimney (Section 503.5) 



Type L vent ( Section 503.6) or chimney (Section 503.5) 



Chimney (Section 503.5_)_ 



Chimney (Section 503.5) 



Chimney (Section 503.5) 



Chimney 



See Section 503.2.2, 503.2.3 



See Section 503.2.3, 503.2.4 



2008 NEW YORK CITY FUEL GAS CODE 



43 



CHIMNEYS AND VENTS 



6. The following equation shall be used for determining 
the distances referred to in Items 1, 2 and 3 of this sec- 
tion. 



D-FxVA 



(Equation 5-1) 



where: 

D = Distance, in feet, measured from the center of the 
chimney outlet to the nearest edge of the construc- 
tion. 

F = Value determined from table below. 

A = Free area, in square inches, of chimney flue space. 



"F" FACTOR FOR DETERMINING CHIMNEY DISTANCES 



Type of Fuel 



Gas 



"F" Factor 



600°F(316°C) 
and less 



600°F(316°C)to 
1000°F(538°C) 



Greater than 
1000°F(538°C) 



503.5.5 Size of chimneys. The effective area of a chimney 
venting system serving listed appliances with draft hoods, 
Category I appliances, and other appliances listed for use 
with Type B vents shall be determined in accordance with 
one of the following methods: 

1. The provisions of Section 504. 

2. For sizing an individual chimney venting system for a 
single appliance with a draft hood, the effective areas 
of the vent connector and chimney flue shall be not 
less than the area of the appliance flue collar or draft 
hood outlet, nor greater than seven times the draft 
hood outlet area. 

3. For sizing a chimney venting system connected to 
two appliances with draft hoods, the effective area of 
the chimney flue shall be not less than the area of the 
larger draft hood outlet plus 50 percent of the area of 
the smaller draft hood outlet, nor greater than seven 
times the smallest draft hood outlet area. 

4. Chimney venting systems using mechanical draft 
shall be sized in accordance with approved engineer- 
ing methods. 

5. Other approved engineering methods. 

503.5.5.1 Incinerator venting. Where an incinerator is 
vented by a chimney serving other gas utilization equip- 
ment, the gas input to the incinerator shall not be 
included in calculating chimney size, provided the chim- 
ney flue diameter is not less than 1 inch (25 mm) larger in 
equivalent diameter than the diameter of the incinerator 
flue outlet. 

503.5.6 Inspection of chimneys. Before replacing an exist- 
ing appliance or connecting a vent connector to a chimney, 
the chimney passageway shall be examined to ascertain that 
it is clear and free of obstructions and it shall be cleaned if 
previously used for venting solid or liquid fuel-burning 
appliances or fireplaces. 



10 FT 
OR LESS 



"i 



2 FT MIN. 
L 



WALL OR 
PARAPET 



CHIMNEY 



3 FT 
MIN 



CHIMNEY 







10 FT 
OR LESS " 






RIDGE 


2 FT MIN: 




I 

I 

3 FT 
MIN. 


r 


N 


^J 


.^ 



A. TERMINATION 10 FT OR LESS FROM RIDGE, WALL, OR PARAPET 



WALL OR 
PARAPET 



NOTE: NO HEIGHT 

ABOVE PARAPET 

REQUIRED WHEN 

DISTANCE FROM WALLS 

OR PARAPET IS MORE CHIMNEY 

THAN 10 FT 



^HL 



3 FT 
MIN 



HEIGHT ABOVE 
ANY ROOF 
SURFACE WITHIN 
10 FT HORIZONTALLY 




CHIMNEY Y 
B, TERMINATION MORE THAN 10 FT FROM RIDGE, WALL, OR PARAPET 



FIGURE 503.5.4 

TYPICAL TERMINATION LOCATIONS FOR CHIMNEYS AND 

SINGLE-WALL METAL PIPES SERVING RESIDENTIAL-TYPE 

AND LOW-HEAT EQUIPMENT 



44 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



503.5.6.1 Chimney lining. Chimneys shall be lined in 
accordance with NFPA 211. 

Exception: Existing chimneys shall be permitted to 
have their use continued when an appliance is 
replaced by an appliance of similar type, input rating, 
and efficiency. 

503.5.6.2 Cleanouts. Cleanouts shall be examined to 
determine if they will remain tightly closed when not in 
use. 

503.5.6.3 Unsafe chimneys. Where inspection reveals 
that an existing chimney is not safe for the intended 
application, it shall be repaired, rebuilt, lined, relined, or 
replaced with a vent or chimney to conform to NFPA 21 1 
and it shall be suitable for the equipment to be vented. 

503.5.6.4 Test run. All new chimneys shall be test run by 
the design professional engineer responsible for the test- 
ing under operating conditions to demonstrate fire safety 
and the complete exhausting of smoke and the products 
of combustion to the outer air. The results of such test run 
shall be certified as correct by the design professional 
engineer responsible for the test and shall be submitted in 
writing to the department. 

503.5.6.5 Requirement of a smoke test. A smoke test 
shall be made as outlined below. Any faults or leaks 
found shall be corrected. Such smoke test shall be wit- 
nessed by a representative of the commissioner. In lieu 
thereof, the commissioner may accept the test report of 
the design professional engineer responsible for the test 
which shall be submitted in writing to the department. 

503.5.6.5.1 Smoke test. To determine the tightness of 
chimney construction, a smoke test shall be made in 
accordance with the following conditions and 
requirements: 

1 . The equipment, materials, power and labor nec- 
essary for such test shall be furnished by, and at 
the expense of, the owner or holder of the work 
permit. 

2. If the test shows any evidence of leakage or 
other defects, such defects shall be corrected in 
accordance with the requirement of this chapter 
and the test shall be repeated until the results are 
satisfactory. 

3. Method of test. The chimney shall be filled with 
a thick penetrating smoke produced by one or 
more smoke machines, or smoke bombs, or 
other equivalent method. As the smoke appears 
at the stack opening on the roof, such opening 
shall be tightly closed and a pressure equivalent 
to 7 2 inch (12.7 mm) column of water measured 
at the base of the stack, shall be applied. The 
test shall be applied for a length of time suffi- 
cient to permit the inspection of the chimney. 

503.5.7 Chimneys serving equipment burning other 
fuels. Chimneys serving equipment burning other fuels 
shall comply with Sections 503.5.7.1 through 503.5.7.4. 



503.5.7.1 Solid fuel-burning appliances. Gas utiliza- 
tion equipment shall not be connected to a chimney flue 
serving a separate appliance designed to burn solid fuel. 

503.5.7.2 Liquid fuel-burning appliances. Where one 
chimney flue serves gas utilization equipment and equip- 
ment burning liquid fuel, the equipment shall be con- 
nected through separate openings or shall be connected 
through a single opening where joined by a suitable fit- 
ting located as close as practical to the chimney. Where 
two or more openings are provided into one chimney 
flue, they shall be at different levels. Where the gas utili- 
zation equipment is automatically controlled, it shall be 
equipped with a safety shutoff device. 

503.5.7.3 Combination gas and solid fuel-burning 

appliances. A combination gas- and solid fuel -burning 
appliance shall be permitted to be connected to a single 
chimney flue where equipped with a manual reset device 
to shut off gas to the main burner in the event of sustained 
back draft or flue gas spillage. The chimney flue shall be 
sized to properly vent the appliance. 

503.5.7.4 Combination gas- and oil fuel-burning 

appliances. A listed combination gas- and oil fuel-burn- 
ing appliance shall be permitted to be connected to a sin- 
gle chimney flue. The chimney flue shall be sized to 
properly vent the appliance. 

503.5.8 Support of chimneys. All portions of chimneys 
shall be supported for the design and weight of the materials 
employed. Factory-built chimneys shall be supported and 
spaced in accordance with their listings and the manufac- 
turer's instructions. 

503.5.9 Cleanouts. Where a chimney that formerly carried 
flue products from liquid or solid fuel-burning appliances is 
used with an appliance using fuel gas, an accessible 
cleanout shall be provided. The cleanout shall have a 
tight-fitting cover and shall be installed at the base of all 
chimneys in accordance with the rules of the New York City 
Department of Environmental Protection. The cleanout 
shall be gas tight if the chimney is to be of positive pressure. 

503.5.10 Space surrounding lining or vent. The remain- 
ing space surrounding a chimney liner, gas vent, special gas 
vent, or plastic piping installed within a masonry chimney 
flue shall not be used to vent another appliance. The inser- 
tion of another liner or vent within the chimney as provided 
in this code and the liner or vent manufacturer's instructions 
shall not be prohibited. 

The remaining space surrounding a chimney liner, gas 
vent, special gas vent, or plastic piping installed within a 
masonry, metal or factory-built chimney, shall not be used to 
supply combustion air. Such space shall not be prohibited 
from supplying combustion air to direct- vent appliances 
designed for installation in a solid fuel-burning fireplace 
and installed in accordance with the listing and the manu- 
facturer's instructions. 

503.6 Gas vents. Gas vents shall comply with Sections 503.6. 1 
through 503.6.12 (see Section 202, Definitions). 



2008 NEW YORK CITY FUEL GAS CODE 



45 



CHIMNEYS AND VENTS 



503.6.1 Installation, general. Gas vents shall be installed 
in accordance with the terms of their listings and the manu- 
facturer's instructions. 

503.6.2 Type B-W vent capacity. A Type B-W gas vent 
shall have a listed capacity not less than that of the listed 
vented wall furnace to which it is connected. 

503.6.3 Roof penetration. A gas vent passing through a 
roof shall extend through the roof flashing, roof jack, or roof 
thimble and shall be terminated by a listed termination cap. 

503.6.4 Offsets. Type B and Type L vents shall extend in a 
generally vertical direction with offsets not exceeding 45 
degrees (0.79 rad), except that a vent system having not 
more than one 60-degree (1.04 rad) offset shall be permit- 
ted. Any angle greater than 45 degrees (0.79 rad) from the 
vertical is considered horizontal. The total horizontal length 
of a vent plus the horizontal vent connector length serving 
draft-hood-equipped appliances shall not be greater than 75 
percent of the vertical height of the vent. 

Exception: Systems designed and sized as provided in 
Section 504 or in accordance with other approved engi- 
neering methods. 

Vents serving Category I fan-assisted appliances shall be 
installed in accordance with the appliance manufacturer's 
instructions and Section 504 or other approved engineering 
methods. 

503.6.5 Gas vents installed within masonry chimneys. 

Gas vents installed within masonry chimneys shall be 
installed in accordance with the terms of their listing and the 
manufacturer's installation instructions. Gas vents installed 
within masonry chimneys shall be identified with a perma- 
nent label installed at the point where the vent enters the 
chimney. The label shall contain the following language: 
"This gas vent is for appliances that burn gas. Do not con- 
nect to solid or liquid fuel-burning appliances or incinera- 
tors." 

503.6.6 Gas vent terminations. A gas vent shall terminate 
in accordance with one of the following: 

1 . Above the roof surface with a listed cap or listed roof 
assembly. Gas vents 12 inches (305 mm) in size or 
smaller with listed caps shall be permitted to be termi- 
nated in accordance with Figure 503.6.6, provided 
that such vents are at least 8 feet (2438 mm) from a 
vertical wall or similar obstruction. All other gas 
vents shall terminate not less than 2 feet (610mm) 
above the highest point where they pass through the 
roof and at least 2 feet (6 1 mm) higher than any por- 
tion of a building within 10 feet (3048 mm). 

2. As provided for direct-vent systems in Section 
503.2.2. 

3. As provided for equipment with integral vents in Sec- 
tion 503.2.3. 

4. As provided for mechanical draft systems in Section 
503.3.3. 

5. As provided for ventilating hoods and exhaust sys- 
tems in Section 503.3.4. 



However, such constructions do not include chimneys or 
other vents, or open structural framing. The vent shall be as 
high as such construction which is located beyond 10 feet 
(3048 mm) from the vent and up to and including the dis- 
tance determined by the following formula: 



d=i4a% 



(Equation 5-2) 



where: 

D = Distance in feet, measured from the center of the 
vent outlet to the nearest edge of the construction. 

A - Free area, in square inches, of vent flue space. 



LOWEST DISCHARGE 
OPENING 



LISTED GAS 
VENT 




H(MIN.)- 

MINIMUM HEIGHT FROM ROOF 

TO LOWEST DISCHARGE OPENING 



ROOF PITCH 


H (min) ft 


Flat to 6/12 


1.0 


Over 6/12 to 7/12 


1.25 


Over 7/12 to 8/12 


1.5 


Over 8/12 to 9/12 


2.0 


Over 9/12 to 10/12 


2.5 


Over 10/12 to 11/12 


3.25 


Over 11/12 to 12/12 


4.0 


Over 12/12 to 14/12 


5.0 


Over 14/12 to 16/12 


6.0 


Over 16/12 to 18/12 


7.0 


Over 18/12 to 20/12 


7.5 


Over 20/12 to 21/12 


8.0 



For SI: 1 inch - 25.4 mm, 1 foot = 304.8 mm. 



FIGURE 503.6.6 

GAS VENT TERMINATION LOCATIONS FOR 

LISTED CAPS 12 INCHES OR LESS IN SIZE AT 

LEAST 8 FEET FROIVI A VERTICAL WALL 



46 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



i 



503.6.6.1 Decorative shrouds. Decorative shrouds shall 
not be installed at the termination of gas vents except 
where such shrouds are listed for use with the specific 
gas venting system and are installed in accordance with 
the manufacturer's installation instructions. 

503.6.6.2 Rain and debris. All gas vents shall terminate 
in an approved vent or cowl, which shall prevent 
downdrafts and prevent rain and debris from entering the 
vent. 

503.6.7 Minimum height. A Type B or a Type L gas vent 
shall terminate at least 5 feet (1524 mm) in vertical height 
above the highest connected equipment draft hood or flue 
collar. A Type B-W gas vent shall terminate at least 12 feet 
(3658 mm) in vertical height above the bottom of the wall 
furnace. 

503.6.8 Exterior wall penetrations. A gas vent extending 
through an exterior wall shall not terminate adjacent to the 
wall or below eaves or parapets, except as provided in Sec- 
tions 503.2.3 and 503.3.3. 

503.6.9 Size of gas vents. Venting systems shall be sized 
and constructed in accordance with Section 504 or other 
approved engineering methods acceptable to the commis- 
sioner. Gas vents shall also comply with the manufacturers' 
instructions. 

503.6.9.1 Category I appliances. The sizing of natural 
draft venting systems serving one or more listed appli- 
ances equipped with a draft hood or appliances listed for 
use with Type B gas vent, installed in a single story of a 
building, shall be in accordance with one of the follow- 
ing methods: 

1. The provisions of Section 504. 

2. For sizing an individual gas vent for a single, 
draft-hood-equipped appliance, the effective area 
of the vent connector and the gas vent shall be not 
less than the area of the appliance draft hood outlet, 
nor greater than seven times the draft hood outlet 
area. 

3. For sizing a gas vent connected to two appliances 
with draft hoods, the effective area of the vent shall 
be not less than the area of the larger draft hood 
outlet plus 50 percent of the area of the smaller 
draft hood outlet, nor greater than seven times the 
smaller draft hood outlet area. 

4. Engineering practices acceptable to the commis- 
sioner. 

503.6.9.2 Category II, III, and IV appliances. The siz- 
ing of gas vents for Category II, III, and IV equipment 
shall be in accordance with the equipment manufac- 
turer's instructions. 

503.6.9.3 Mechanical draft. Chimney venting systems 
using mechanical draft shall be designed and sized to 
develop a positive flow adequate to carry all products of 
combustion to the outside atmosphere. 



503,6.10 Gas vents serving equipment on more than one 
floor. A single or common gas vent shall be permitted in 
multistory installations to vent Category I equipment 
located on more than one floor level, provided the venting 
system is designed and installed in accordance with this sec- 
tion and approved engineering methods. 

503.6.10.1 Equipment separation. All equipment con- 
nected to the common vent shall be located in rooms that 
do not communicate with occupiable and/or habitable 
spaces. Each of these rooms shall have provisions for an 
adequate supply of combustion, ventilation, and dilution 
air that is not supplied from habitable space (see Figure 
503.6.10.1). 



GAS FURNACE - 




TYPE B GAS VENTS 



AIR GRILLS IN 
OUTSIDE WALL 



LOUVERED DOOR PERMITTED 
TO BE USED IN LIEU OF 
OUTSIDE WALL GRILLS 



FIGURE 503.6.10.1 

PLAIN VIEW OF PRACTICAL SEPARATION METHOD 

FOR MULTISTORY GAS VENTING 

503.6.10.2 Sizing. The size of the connectors and com- 
mon segments of multistory venting systems for equip- 
ment listed for use with Type B double-wall gas vent 
shall be in accordance with Table 504.3(1) and Figures 
503.6.10.2(1) and 503.6.10.2(2), provided: 

1 . The available total height (H) for each segment of 
a multistory venting system is the vertical distance 
between the level of the highest draft hood outlet 
or flue collar on that floor and the centerline of the 
next highest interconnection tee [see Figure 
503.6.10.2(1)]. 

2. The size of the connector for a segment is deter- 
mined from its gas utilization equipment heat input 
and available connector rise, and shall not be 
smaller than the draft hood outlet or flue collar 
size. 

3. The size of the common vertical segment, and of 
the interconnection tee at the base of that segment, 
shall be based on the total gas utilization equip- 
ment heat input entering that segment and its avail- 
able total height. 



2008 NEW YORK CITY FUEL GAS CODE 



47 



CHIMNEYS AND VENTS 



CO 



VENT CONNECTOR 




TEE SAME SIZE AS 
SEGMENT ABOVE 



"COMMON VENT SIZE BASED — 
ON ALL INPUTS ENTERING THIS 
SEGMENT. AND AVAILABLE 
TOTAL HEIGHT 



'TOTAL INPUT 



'AVAILABLE TOTAL HEIGHT 
"H" EQUALS RISE PLUS 
DISTANCE BETWEEN TEES 




OTHER INPUTS 
FROM BELOW 



'///////////////A 



FIGURE 503.6.10.2(1) 

MULTISTORY GAS VENT DESIGN PROCDEDURE FOR EACH 

SEGMENT SYSTEM 



503.6.11 Support of gas vents. Gas vents shall be sup- 
ported and spaced in accordance with their listings and the 
manufacturer's instructions. 

503.6.12 Marking. Gas vents shall be permanently identi- 
fied by a label attached to the wall or ceiling at a point where 

► the vent connector enters the gas vent. The label shall read: 

"This gas vent is for appliances that burn gas. Do not con- 
nect to solid or liquid fuel- burning appliances or incinera- 
tors." 

503.7 Single-wall metal pipe. Single-wall metal pipe vents 
shall comply with Sections 503.7.1 through 503.7.12. 

503.7.1 Construction. Single- wall metal pipe shall be con- 
structed of galvanized sheet steel not less than 0.0304 inch 
(0.7 mm) thick or other approved, noncombustible, corro- 
sion- resistant material. 

503.7.2 Climate protection. Uninsulated single-wall metal 
pipe shall not be used outdoors for venting gas utilization 
equipment. 

503.7.3 Termination. Single- wall metal pipe shall termi- 
nate at least 5 feet (1524 mm) in vertical height above the 
highest connected equipment draft hood outlet or flue col- 
lar. Single-wall metal pipe shall extend at least 2 feet (610 
mm) above the highest point where it passes through a roof 



USE INDIVIDUAL 
VENT FOR TOP FLOOR 
APPLIANCE IF 
CONNECTOR 
REQUIREMENT FOR 
RISE OF TOTAL HEIGHT 
CANNOT BE MET 



AVAILABLE TOTAL 
HEIGHT FOR TOP 
FLOOR APPLIANCE 



USE VENT 

CONNECTOR TABLE 



TOP-FLOOR _ 
APPLIANCE 



S. 



RISE 
_J_ 



USE AVAILABLE TOTAL HEIGHT FOR 
:jSp TOP FLOOR APPLIANCE AND 

COMBINE INPUT OF ALL APPLIANCES 
ON COMMON VENT 



03— 



AVAILABLE TOTAL 
HEIGHT FOR 
THIRD-FLOOR 
APPLIANCE 



USE VENT 

CONNECTOR TABLE 



THIRD~FLOOR_ 
APPLIANCE 



S. 



RISE 
L_ 



THIRD INTERCONNECTION TEE* 

-AVAILABLE TOTAL HEIGHT FOR 
THIRD-FLOOR APPLIANCE AND 
COMBINED INPUT OF THREE 
APPLIANCES (IF TOP FLOOR 
APPLIANCE IS NOT CONNECTED, 
MEASURED TOTAL HEIGHT TO 
VENT TOP) 



€ 



AVAILABLE TOTAL 
HEIGHT FOR 
SECOND-FLOOR 
APPLIANCE 



CONNECTOR TABLE 



SECOND-FLOOR 
APPLIANCE 



S. 



-SECOND INTERCONNECTION TEE* 



- USE AVAILABLE TOTAL HEIGHT FOR 
SECOND-FLOOR APPLIANCE AND 
COMBINED HEAT INPUT OF TWO 
APPLIANCES 



<K 



FIRST INTERCONNECTION TEE* 



DESIGN VENT CONNECTOR FOR FIRST 
FLOOR APPLIANCE AS AN INDIVIDUAL 
VENT OFTHIS TOTAL HEIGHT FOR INPUT 
OF FIRST FLOOR APPLIANCE 



FIRST-FLOOR_ 
APPLIANCE 



s. 



-TEE WITH CAP OPTIONAL 



*EACH INTERCONNECTION TEE IS SAME SIZE AS THE 
SEGMENT OF COMMON VENT DIRECTLY ABOVE. 



FIGURE 503.6.10.2(2) 
MULTISTORY VENT SYSTEMS 

of a building and at least 2 feet (610 mm) higher than any 
portion of a building within a horizontal distance of 10 feet 
(3048 mm) (see Figure 503.5.4). An approved cap or roof 
assembly shall be attached to the terminus of a single- wall 
metal pipe (see also Section 503.7.8, Item 3). However, such 
constructions do not include chimneys or other vents, or 
open structural framing. The single- wall metal pipe shall be 
as high as such construction which is located beyond 10 feet 
(3048 mm)t from the vent and up to and including the dis- 
tance determined by Equation 5-2. 

503.7.4 Limitations of use. Single- wall metal pipe shall be 
used only for runs directly from the space in which the 
equipment is located through the roof or exterior wall to the 
outdoor atmosphere. 

503.7.5 Roof penetrations. A pipe passing through a roof 
shall extend without interruption through the roof flashing, 
roof jack, or roof thimble. Where a single-wall metal pipe 
passes through a roof constructed of combustible material, a 
noncombustible, non- ventilating thimble shall be used at 
the point of passage. The thimble shall extend at least 18 
inches (457 mm) above and 6 inches (152 mm) below the 



48 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



roof with the annular space open at the bottom and closed 
only at the top. The thimble shall be sized in accordance 
with Section 503.10.16. 

503.7.6 Installation. Single-wall metal pipe shall not origi- 
nate in any unoccupied attic or concealed space and shall not 
pass through any attic, inside wall, concealed space, or 
floor. The installation of a single-wall metal pipe through an 
exterior combustible wall shall comply with Section 
503. 10. 15. Single- wall metal pipe used for venting an incin- 
erator shall be exposed and readily examinable for its full 
length and shall have suitable clearances maintained. 

503.7.7 Clearances. Minimum clearances from single- wall 
metal pipe to combustible material shall be in accordance 
with Table 503.7.7. The clearance from single-wall metal 
pipe to combustible material shall be permitted to be 
reduced where the combustible material is protected as 
specified for vent connectors in Table 308.2. 

503.7.8 Size of single-wall metal pipe. A venting system 
constructed of single-wall metal pipe shall be sized in accor- 
dance with one of the following methods and the equipment 
manufacturer's instructions: 

1. For a draft-hood-equipped appliance, in accordance 
with Section 504. 

2. For a venting system for a single appliance with a 
draft hood, the areas of the connector and the pipe 
each shall be not less than the area of the appliance 
flue collar or draft hood outlet, whichever is smaller. 
The vent area shall not be greater than seven times the 
draft hood outlet area. 

3. Other approved engineering methods. 

503.7.9 Pipe geometry. Any shaped single-wall metal pipe 
shall be permitted to be used, provided that its equivalent 
effective area is equal to the effective area of the round pipe 
for which it is substituted, and provided that the minimum 



internal dimension of the pipe is not less than 2 inches (51 
mm). 

503.7.10 Termination capacity. The vent cap or a roof 
assembly shall have a venting capacity not less than that of 
the pipe to which it is attached. 

503.7.11 Support of single-wall metal pipe. All portions 
of single-wall metal pipe shall be supported for the design 
and weight of the material employed. 

503.7.12 Marking. Single-wall metal pipe shall comply 
with the marking provisions of Section 503.6.12. 

503.8 Venting system termination location. The location of 
venting system terminations shall comply with the following: < 

1 . Gas venting systems shall be extended at least 2 feet (610 
mm) above the highest construction, such as a roof ridge, 
parapet wall, or penthouse, within 10 feet (3048 mm) of 
the vent outlet whether the construction is on the same 
building as the chimney or on another building. How- 
ever, such constructions do not include chimneys or 
other vents, or open structural framing. The vent shall be 
as high as such construction which is located beyond 10 
feet (3048 mm) from the vent and up to and including the 
distance determined by Equation 5-2. 

Exception: Direct- vent appliances approved by the 
commissioner and installed in accordance with the 
manufacturer's instructions. 

2. Where permitted, through-the-wall vents for Category II 
and IV appliances and noncategorized condensing appli- 
ances shall not terminate over public walkways or over 
an area where condensate or vapor could create a nui- 
sance or hazard or could be detrimental to the operation 
of regulators, relief valves or other equipment. Where 
local experience indicates that condensate is a problem 
with Category I and III appliances, this provision shall 
also apply. 



TABLE 503.7.7 s 
CLEARANCES FOR CONNECTORS 



EQUIPMENT 


MINIMUM DISTANCE FROM COMBUSTIBLE MATERIAL 


Listed Type B gas 
vent material 


Listed Type L 
vent material 


Single-wait 
metal pipe 


Factory-built 
chimney sections 


Listed equipment with draft hoods and equipment listed for 
use with Type B gas vents 


As listed 


As listed 


6 inches 


As listed 


Residential boilers and furnaces with listed gas conversion 
burner and with draft hood 


6 inches 


6 inches 


9 inches 


As listed 


Residential appliances listed for use with Type L vents 


Not permitted 


As listed 


9 inches 


As listed 


Listed gas -fired toilets 


Not permitted 


As listed 


As listed 


As listed 


Unlisted residential appliances with draft hood 


Not permitted 


6 inches 


9 inches 


As listed 


Residential and low-heat equipment other than above 


Not permitted 


9 inches 


1 8 inches 


As listed 


Medium-heat equipment 


Not permitted 


Not permitted 


36 inches 


As listed 



For SI: 1 inch = 25.4 mm. 

a. These clearances shall apply unless the listing of an appliance or connector specifies different clearances, in which case the listed clearances shall apply. 



2008 NEW YORK CITY FUEL GAS CODE 



49 



CHIMNEYS AND VENTS 



3. A mechanical draft venting system shall terminate at 
least 3 feet (914 mm) above any forced-air inlet located 
within 10 feet (3048 mm). 

Exceptions: 

1. This provision shall not apply to the combus- 
tion air intake of a direct- vent appliance. 

2. This provision shall not apply to the separation 
of the integral outdoor air inlet and flue gas dis- 
charge of listed outdoor appliances. 

503.9 Condensation drainage. Provision shall be made to col- 
lect and dispose of condensate from venting systems serving 
Category II and IV equipment and noncategorized condensing 

1 appliances in accordance with Section 503.8, Item 2. 

503.10 Vent connectors for Category I equipment. Vent con- 
nectors for Category I equipment shall comply with Sections 
503.10.1 through 503.10.16. 

503.10.1 Where required. A vent connector shall be used 
to connect equipment to a gas vent, chimney, or single-wall 
metal pipe, except where the gas vent, chimney, or single- 
wall metal pipe is directly connected to the equipment. 

503.10.2 Materials. Vent connectors shall be constructed in 
accordance with Sections 503.10.2.1 through 503.10.2.5. 

503.10.2.1 General. A vent connector shall be made of 
noncombustible corrosion-resistant material capable of 
withstanding the vent gas temperature produced by the 
equipment and of sufficient thickness to withstand phys- 
ical damage. 

503.10.2.2 Vent connectors located in unconditioned 

areas. Where the vent connector used for equipment 
having a draft hood or a Category I appliance is located in 
or passes through attics, crawl spaces or other uncondi- 
tioned spaces, that portion of the vent connector shall be 
listed Type B or Type L or listed vent material or listed 
material having equivalent insulation properties. 

503.10.2.3 Residential-type appliance connectors. 

Where vent connectors for residential-type appliances 
are not installed in attics or other unconditioned spaces, 
connectors for listed appliances having draft hoods and 
for appliances having draft hoods and equipped with 
listed conversion burners shall be one of the following: 

1. Type B or Type L vent material; 

2. Galvanized sheet steel not less than 0.018 inch 
(0.46 mm) thick; 

3. Aluminum (1100 or 3003 alloy or equivalent) 
sheet not less than 0.027 inch (0.69 mm) thick; 

4. Stainless steel sheet not less than 0.012 inch (0.31 
mm) thick; 



5. Smooth interior wall metal pipe having resistance 
to heat and corrosion equal to or greater than that 
of Item 2, 3 or 4 above; or 

6. A listed vent connector. 

Vent connectors shall not be covered with insulation. 

Exception: Listed insulated vent connectors shall be 
installed according to the terms of their listing. 

503.10.2.4 Low-heat equipment. A vent connector for 
low-heat equipment shall be a factory-built chimney sec- 
tion or steel pipe having resistance to heat and corrosion 
equivalent to that for the appropriate galvanized pipe as 
specified in Table 503.10.2.4. Factory-built chimney 
sections shall be joined together in accordance with the 
chimney manufacturers' instructions. 

TABLE 503.10.2.4 

MINIMUM THICKNESS FOR GALVANIZED STEEL VENT 

CONNECTORS FOR LOW-HEAT APPLIANCES 



DIAMETER OF CONNECTOR 
(inches) 


MINIMUM THICKNESS 
(inch) 


Less than 6 


0.019 


6 to less than 10 


0.023 


10 to 12 inclusive 


0.029 


14 to 16 inclusive 


0.034 


Over 16 


0.056 



For SI: 1 inch = 25.4 mm. 

503.10.2.5 Medium-heat appliances. Vent connectors 
for medium-heat equipment and commercial and indus- 
trial incinerators shall be constructed of factory-built 
medium-heat chimney sections or steel of a thickness not 
less than that specified in Table 503.10.2.5 and shall 
comply with the following: 

1. A steel vent connector for equipment with a vent 
gas temperature in excess of 1000°F (538°C), 
measured at the entrance to the connector shall be 
lined with medium-duty fire brick (ASTM C 64, 
Type F), or the equivalent. 

2. The lining shall be at least 2V 2 inches (64 mm) 
thick for a vent connector having a diameter or 
greatest cross-sectional dimension of 18 inches 
(457 mm) or less. 



3. 



4. 



The lining shall be at least 4V 2 inches (114 mm) 
thick laid on the 4 ] / 2 -inch (114 mm) bed for a vent 
connector having a diameter or greatest cross-sec- 
tional dimension greater than 1 8 inches (457 mm). 

Factory-built chimney sections, if employed, shall 
be joined together in accordance with the chimney 
manufacturers' instructions. 



50 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



TABLE 503.10.2.5 

MINIMUM THICKNESS FOR STEEL VENT CONNECTORS FOR 

MEDIUM-HEAT EQUIPMENT AND COMMERCIAL AND 

INDUSTRIAL INCINERATORS VENT CONNECTOR SIZE 



DIAMETER 
(inches) 


AREA 
(square inches) 


MINIMUM THICKNESS 
(inch) 


Up to 14 


Up to 154 


0.053 


Over 14 to 16 


154 to 201 


0.067 


Over 16 to 18 


201 to 254 


0.093 


Over 18 


Larger than 254 


0.123 



For SI: .1 inch = 25.4 mm, 1 square inch = 645,16 mm 2 . 

503.10.3 Size of vent connector. Vent connectors shall be 
sized in accordance with Sections 503.10.3.1 through 
503.10.3.5. 

503.10.3.1 Single draft hood and fan-assisted. A vent 
connector for equipment with a single draft hood or for a 
Category I fan-assisted combustion system appliance 
shall be sized and installed in accordance with Section 
504 or other approved engineering methods. 

503.10.3.2 Multiple draft hoods. For a single appliance 
having more than one draft hood outlet or flue collar, the 
manifold shall be constructed according to the instruc- 
tions of the appliance manufacturer. Where there are no 
instructions, the manifold shall be designed and con- 
structed in accordance with approved engineering prac- 
tices. As an alternate method, the effective area of the 
manifold shall equal the combined area of the flue collars 
or draft hood outlets and the vent connectors shall have a 
minimum 1-foot (305 mm) rise. 

503. 10.3.3 Multiple appliances. Where two or more 
appliances are connected to a common vent or chimney, 
each vent connector shall be sized in accordance with 
Section 504 or other approved engineering methods. 

As an alternative method applicable only when all of 
the appliances are draft hood equipped, each vent con- 
nector shall have an effective area not less than the area of 
the draft hood outlet of the appliance to which it is con- 
nected. 

503.10.3.4 Common connector/manifold. Where two 
or more gas appliances are vented through a common 
vent connector or vent manifold, the common vent con- 
nector or vent manifold shall be located at the highest 
level consistent with available headroom and the 
required clearance to combustible materials and shall be 
sized in accordance with Section 504 or other approved 
engineering methods. 

As an alternate method applicable only where there 
are two draft hood equipped appliances, the effective 
area of the common vent connector or vent manifold and 
all junction fittings shall be not less than the area of the 
larger vent connector plus 50 percent of the area of the 
smaller flue collar outlet. 



503.10.3.5 Size increase. Where the size of a vent con- 
nector is increased to overcome installation limitations 
and obtain connector capacity equal to the equipment 
input, the size increase shall be made at the equipment 
draft hood outlet. 

503.10.4 Two or more appliances connected to a single 

vent. Where two or more vent connectors enter a common 
gas vent, chimney flue, or single-wall metal pipe, the 
smaller connector shall enter at the highest level consistent 
with the available headroom or clearance to combustible 
material. Vent connectors serving Category I appliances 
shall not be connected to any portion of a mechanical draft 
system operating under positive static pressure, such as 
those serving Category III or IV appliances. 

503.10.5 Clearance. Minimum clearances from vent con- 
nectors to combustible material shall be in accordance with 
Table 503.7.7. 

Exception: The clearance between a vent connector and 
combustible material shall be permitted to be reduced 
where the combustible material is protected as specified 
for vent connectors in Table 308.2. 

503.10.6 Flow resistance. A vent connector shall be 
installed so as to avoid turns or other construction features 
that create excessive resistance to flow of vent gases. 

503.10.7 Joints. Joints between sections of connector pip- 
ing and connections to flue collars and hood outlets shall be 
fastened by one of the following methods: 

1. Sheet metal screws. 

2. Vent connectors of listed vent material assembled and 
connected to flue collars or draft hood outlets in 
accordance with the manufacturers' instructions. 

3. Welding. 1 

503.10.8 Slope. A vent connector shall be installed without 
dips or sags and shall slope upward toward the vent or chim- 
ney at least 7 4 inch per foot (21 mm/m). 

Exception: Vent connectors attached to a mechanical 
draft system installed in accordance with the manufac- 
turers' instructions. 

503.10.9 Length of vent connector. A vent connector shall 
be as short as practical and the equipment located as close as 
practical to the chimney or vent. Except as provided for in 
Section 503.10.3, the maximum horizontal length of a sin- 
gle- wall connector shall be 75 percent of the height of the 
chimney or vent. Except as provided for in Section 
503.10.3, the maximum horizontal length of a Type B dou- 
ble-wall connector shall be 100 percent of the height of the 
chimney or vent. For a chimney or vent system serving mul- 
tiple appliances, the maximum length of an individual con- 
nector, from the appliance outlet to the junction with the 
common vent or another connector, shall be 1 00 percent of 
the height of the chimney or vent. 

503.10.10 Support. A vent connector shall be supported in 1 
accordance with the manufacturer's recommendations for 1 



2008 NEW YORK CITY FUEL GAS CODE 



51 



CHIMNEYS AND VENTS 



the design and weight of the material employed to maintain 
clearances and prevent physical damage and separation of 
joints. 

503.10*11 Chimney connection. Where entering a flue in a 
masonry or metal chimney, the vent connector shall be 
installed above the extreme bottom to avoid stoppage. 
Where a thimble or slip joint is used to facilitate removal of 
the connector, the connector shall be firmly attached to or 
inserted into the thimble or slip joint to prevent the connec- 
tor from falling out. Means shall be employed to prevent the 
connector from entering so far as to restrict the space 
between its end and the opposite wall of the chimney flue 
(see Section 501.9). 

503.10.12 Inspection. The entire length of a vent connector 
shall be provided with ready access for inspection, cleaning, 
and replacement. 

503.10.13 Fireplaces. A vent connector shall not be con- 
nected to a chimney flue serving a fireplace. 

503.10.14 Passage through ceilings, floors, or walls. A 
vent connector shall not pass through any ceiling, floor or 
fire-resistance-rated wall. A single-wall metal pipe connec- 
tor shall not pass through any interior wall. 

Exception: Vent connectors made of listed Type B or 
Type L vent material and serving listed equipment with 
draft hoods and other equipment listed for use with Type 
B gas vents shall be permitted to pass through walls or 
partitions constructed of combustible material if the con- 
nectors are installed with not less than the listed clear- 
ance to combustible material. 

503.10.15 Single- wall connector penetrations of com- 
bustible walls. A vent connector made of a single-wall 
metal pipe shall not pass through a combustible exterior 
wall unless guarded at the point of passage by a ventilated 
metal thimble not smaller than the following: 

1. For listed appliances equipped with draft hoods and 
appliances listed for use with Type B gas vents, the 
thimble shall be not less than 4 inches (102 mm) 
larger in diameter than the vent connector. Where 
there is a run of not less than 6 feet ( 1 829 mm) of vent 
connector in the open between the draft hood outlet 
and the thimble, the thimble shall be permitted to be 
not less than 2 inches (5 1 mm) larger in diameter than 
the vent connector. 

2. For unlisted appliances having draft hoods, the thim- 
ble shall be not less than 6 inches (152 mm) larger in 
diameter than the vent connector. 

3. For residential and low-heat appliances, the thimble 
shall be not less than 12 inches (305 mm) larger in 
diameter than the vent connector. 

Exception: In lieu of thimble protection, all com- 
bustible material in the wall shall be removed from 
the vent connector a sufficient distance to provide 
the specified clearance from such vent connector 
to combustible material. Any material used to 
close up such opening shall be noncombustible. 



503.10.16 Medium-heat connectors. Vent connectors for 
medium-heat equipment shall not pass through walls or par- 
titions constructed of combustible material. 

503.11 Vent connectors for Category II, III, and IV appli- 
ances. Vent connectors for Category II, III and IV appliances 
shall be as specified for the venting systems in accordance with 
Section 503.4. 

503.12 Draft hoods and draft controls. The installation of 
draft hoods and draft controls shall comply with Sections 
503.12.1 through 503. 12.7. 

503.12.1 Equipment requiring draft hoods. Vented 

equipment shall be installed with draft hoods. 

Exception: Incinerators, direct-vent equipment, ^ 
fan-assisted combustion system appliances, equipment 
requiring chimney draft for operation, equipment ^ 
equipped with blast, power, or pressure burners that are 
not listed for use with draft hoods, and equipment 
designed for forced venting. 

503.12.2 Installation. A draft hood supplied with or form- 
ing a part of listed vented equipment shall be installed with- 
out alteration, exactly as furnished and specified by the 
equipment manufacturer. 

503.12.2.1 Draft hood required. If a draft hood is not 
supplied by the equipment manufacturer where one is 
required, a draft hood shall be installed, shall be of a 
listed or approved type and, in the absence of other 
instructions, shall be of the same size as the equipment 
flue collar. Where a draft hood is required with a conver- 
sion burner, it shall be of a listed or approved type. 

503.12.2.2 Special design draft hood. Where it is deter- 
mined that a draft hood of special design is needed or 
preferable for a particular installation, the installation 
shall be in accordance with the recommendations of the 
equipment manufacturer and shall be approved by the I 
department. I 

503.12.3 Draft control devices. Where a draft control 
device is part of the equipment or is supplied by the equip- 
ment manufacturer, it shall be installed in accordance with 
the manufacturers' instructions. In the absence of manufac- 
turers' instructions, the device shall be attached to the flue 
collar of the equipment or as near to the equipment as practi- 
cal. 

503.12.4 Additional devices. Equipment requiring con- *■ 
trolled chimney draft shall be permitted to be equipped with 

a listed double-acting barometric- draft regulator installed 
and adjusted in accordance with the manufacturers' instruc- 
tions. 

503.12.5 Location. Draft hoods and barometric draft regu- 
lators shall be installed in the same room or enclosure as the 
equipment in such a manner as to prevent any difference in 
pressure between the hood or regulator and the combustion 
air supply. 

503.12.6 Positioning. Draft hoods and draft regulators shall 
be installed in the position for which they were designed 



52 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



with reference to the horizontal and vertical planes and shall 
be located so that the relief opening is not obstructed by any 
part of the equipment or adjacent construction. The equip- 
ment and its draft hood shall be located so that the relief 
opening is accessible for checking vent operation. 

503.12.7 Clearance. A draft hood shall be located so its 
relief opening is not less than 6 inches (152 mm) from any 
surface except that of the equipment it serves and the vent- 
ing system to which the draft hood is connected. Where a 
greater or lesser clearance is indicated on the equipment 
label, the clearance shall be not less than that specified on 
the label. Such clearances shall not be reduced. 

503.13 Manually operated dampers. A manually operated 
damper shall not be placed in the vent connector for any equip- 
ment. Fixed baffles shall not be classified as manually operated 
dampers. 

503.14 Automatically operated vent dampers. An automati- 
cally operated vent damper shall be of a listed type complete 
with safety controls to prove open position of the damper 
before equipment operation. 

503.15 Obstructions. Devices that retard the flow of vent 
gases shall not be installed in a vent connector, chimney, or 
vent. The following shall not be considered as obstructions: 

1 . Draft regulators and safety controls specifically listed for 
installation in venting systems and installed in accor- 
dance with the terms of their listing. 

2. Approved draft regulators and safety controls that are 
designed and installed in accordance with approved 
engineering methods. 

3. Listed heat reclaimers and automatically operated vent 
dampers installed in accordance with the terms of their 
listing. 

4. Approved economizers, heat reclaimers, and recupera- 
tors installed in venting systems of equipment not 
required to be equipped with draft hoods, provided that 
the gas utilization equipment manufacturer's instruc- 
tions cover the installation of such a device in the venting 
system and performance in accordance with Sections 
503.3 and 503.3.1 is obtained. 

5. Vent dampers serving listed appliances installed in 
accordance with Sections 504.2.1 and 504.3.1 or other 
approved engineering methods. 



SECTION FGC 504 

SIZING OF CATEGORY I 

APPLIANCE VENTING SYSTEMS 

504.1 Definitions. The following definitions apply to the 
tables in this section. 



APPLIANCE CATEGORIZED VENT DIAMETER/ 
AREA. The minimum vent area/diameter permissible for Cat- 
egory I appliances to maintain a non-positive vent static pres- 
sure when tested in accordance with nationally recognized 
standards. 

FAN-ASSISTED COMBUSTION SYSTEM. An appliance 
equipped with an integral mechanical means to either draw or 
force products of combustion through the combustion chamber 
or heat exchanger. 

FAN Min. The minimum input rating of a Category I 
fan-assisted appliance attached to a vent or connector. 

FAN Max. The maximum input rating of a Category I 
fan-assisted appliance attached to a vent or connector. 

NAT Max. The maximum input rating of a Category 1 
draft-hood-equipped appliance attached to a vent or connector. 

FAN + FAN. The maximum combined appliance input rating 
of two or more Category I fan-assisted appliances attached to 
the common vent. 

FAN + NAT. The maximum combined appliance input rating 
of one or more Category I fan-assisted appliances and one or 
more Category I draft-hood-equipped appliances attached to 
the common vent. 

NA. Vent configuration is not allowed due to potential for con- 
densate formation or pressurization of the venting system, or 
not applicable due to physical or geometric restraints. 

NAT + NAT. The maximum combined appliance input rating 
of two or more Category I draft-hood-equipped appliances 
attached to the common vent. 

504.2 Application of single-appliance vent Tables 504.2(1) 

through 504.2(5). The application of Tables 504.2(1) through 
504.2(5) shall be subject to the requirements of Sections 
504.2.1 through 504.2.15. 

504.2.1 Vent obstructions. These venting tables shall not 
be used where obstructions, as described in Section 503.15, 
are installed in the venting system. The installation of vents 
serving listed appliances with vent dampers shall be in 
accordance with the appliance manufacturer's instructions 
or in accordance with the following: 

1, The maximum capacity of the vent system shall be 
determined using the "NAT Max" column. 

2. The minimum capacity shall be determined as if the 
appliance were a fan-assisted appliance, using the 
"FAN Min" column to determine the minimum 
capacity of the vent system. Where the corresponding 
"FAN Min" is "NA," the vent configuration shall not 
be permitted and an alternative venting configuration 
shall be utilized. 



2008 NEW YORK CITY FUEL GAS CODE 



53 



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CN 


CN 


vi 


t> 


CN 


T-H 


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m 










































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2 


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r- 


in 


00 


CN 


CN 


NO 


ON 


o 


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^t 


T-H 


in 


00 


NO 


v> 


NO 








^t 


o 


o 


V) 


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o 


NO 


CN 


CN 


- 


00 


"ft 


^1- 


CO 


CN 


o 


NO 


m 


^t 


CO 


CN 




X 


ON 


\Q 


CN 


r- 


CO 


NO 


00 


^ 


CO 


CO 


in 


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m 


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NO 


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oo 


ON 


CO 


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CN 




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2 


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m 


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r- 


r- 


NO 


NO 


ON 


ON 


00 


r- 


CN 


CN 




o 


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Tt 


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CN 


r> 


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CN 


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ON 


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ON 


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in 


m 


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TI- 


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CO 


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< 










£ 


m 


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m 


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in 


r- 


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ON 


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X 


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2 


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r- 


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r- 


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CN 


< 


NO 


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m 


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< 


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2 


CO 


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CO 


m 


£ 


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co 


in 


£ 


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2 


< 

UJ -J 

1- *- 
< 

-J 


s "5 


o 


CN 


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CN 


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CN 


m 


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m 


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58 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 







J-l 






a 












o 






ai 






C 






c 






c 






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cd 












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co 


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c° 
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to 3 

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in 




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in 


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in 
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CN 


oo 

CO^ 


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3 

CN 


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NO 

ON 


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CO 


NO 
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CN 

NO^ 


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NO 
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cN 

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oo 


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CN 
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ON 

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CN 

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00 
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ON 
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CN 


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<- 
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c 

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CN 


O 
CN 


cN 

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CO 
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00 
CN 


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m 


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CN 

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ON 
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r- 

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CN 

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cn 

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co 


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CN 


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co 


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co 


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CN 

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C 


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o 
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2008 NEW YORK CITY FUEL GAS CODE 



59 



CHIMNEYS AND VENTS 













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61 



CHIMNEYS AND VENTS 



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2008 NEW YORK CITY FUEL GAS CODE 



63 



CHIMNEYS AND VENTS 



TABLE 504.2(5) 

SINGLE-WALL METAL PIPE OR TYPE B 

ASBESTOS CEMENT VENT 



Number of Appliances 


Single 


Appliance Type 


Draft hood equipped 


Appliance Vent Connection 


Connected directly to pipe or vent 



HEIGHT 

(H) 

(feet) 


LATERAL 

m 

(feet) 


VENT DIAMETER— (D) inches 


3 


4 


5 


6 


7 


8 


10 


12 


MAXIMUM APPLIANCE INPUT RATING IN THOUSANDS OF BTU/H 


6 





39 


70 


116 


170 


232 


312 


500 


750 


2 


31 


55 


94 


141 


194 


260 


415 


620 


5 


28 


51 


88 


128 


177 


242 


390 


600 


8 





42 


76 


126 


185 


252 


340 


542 


815 


2 


32 


61 


102 


154 


210 


284 


451 


680 


5 


29 


56 


95 


141 


194 


264 


430 


648 


10 


24 


49 


86 


131 


180 


250 


406 


625 


10 





45 


84 


138 


202 


279 


372 


606 


912 


2 


35 


67 


111 


168 


233 


311 


505 


760 


5 


32 


61 


104 


153 


215 


289 


480 


724 


10 


27 


54 


94 


143 


200 


274 


455 


700 


15 


NA 


46 


84 


130 


186 


258 


432 


666 


15 





49 


91 


151 


223 


312 


420 


684 


1,040 


2 


39 


72 


122 


186 


260 


350 


570 


865 


5 


35 


67 


110 


170 


240 


325 


540 


825 


10 


30 


58 


103 


158 


223 


308 


514 


795 


15 


NA 


50 


93 


144 


207 


291 


488 


760 


20 


NA 


NA 


82 


132 


195 


273 


466 


726 


20 





53 


101 


163 


252 


342 


470 


770 


1,190 


2 


42 


80 


136 


210 


286 


392 


641 


990 


5 


38 


74 


123 


192 


264 


364 


610 


945 


10 


32 


65 


115 


178 


246 


345 


571 


910 


15 


NA 


55 


104 


163 


228 


326 


550 


870 


20 


NA 


NA 


91 


149 


214 


306 


525 


832 


30 





56 


108 


183 


276 


384 


529 


878 


1,370 


2 


44 


84 


148 


230 


320 


441 


730 


1,140 


5 


NA 


78 


137 


210 


296 


410 


694 


1,080 


10 


NA 


68 


125 


196 


274 


388 


656 


1,050 


15 


NA 


NA 


113 


177 


258 


366 


625 


1,000 


20 


NA 


NA 


99 


163 


240 


344 


596 


960 


30 


NA 


NA 


NA 


NA 


192 


295 


540 


890 


50 





NA 


120 


210 


310 


443 


590 


980 


1,550 


2 


NA 


95 


171 


260 


370 


492 


820 


1,290 


5 


NA 


NA 


159 


234 


342 


474 


780 


1,230 


10 


NA 


NA 


146 


221 


318 


456 


730 


1,190 


15 


NA 


NA 


NA 


200 


292 


407 


705 


1,130 


20 


NA 


NA 


NA 


185 


276 


384 


670 


1,080 


30 


NA 


NA 


NA 


NA 


222 


330 


605 


1,010 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



64 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



504.2.2 Minimum size. Where the vent size determined 
from the tables is smaller than the appliance draft hood out- 
let or flue collar, the smaller size shall be permitted to be 
used provided that all of the following requirements are met: 

1 . The total vent height (H) is at least 10 feet (3048 mm). 

2. Vents for appliance draft hood outlets or flue collars 
12 inches (305 mm) in diameter or smaller are not 
reduced more than one table size. 

3. Vents for appliance draft hood outlets or flue collars 
larger than 12 inches (305 mm) in diameter are not 
reduced more than two table sizes. 

4. The maximum capacity listed in the tables for a 
fan-assisted appliance is reduced by 10 percent (0.90 
x maximum table capacity). 

5. The draft hood outlet is greater than 4 inches (102 
mm) in diameter. Do not connect a 3-inch-diameter 
(76 mm) vent to a 4-inch-diameter (102 mm) draft 
hood outlet. This provision shall not apply to 
fan-assisted appliances. 

504.2.3 Vent offsets. Single-appliance venting configura- 
tions with zero (0) lateral lengths in Tables 504.2(1), 
504.2(2), and 504.2(5) shall not have elbows in the venting 
system. For vent configurations with lateral lengths, the 
venting tables include allowance for two 90-degree 
(1.57rad) turns. For each elbow up to and including 45 
degrees (0.79 rad), the maximum capacity listed in the vent- 
ing tables shall be reduced by 5 percent. For each elbow 
greater than 45 degrees (0.79 rad) up to and including 90 
degrees (1 .57 rad), the maximum capacity listed in the vent- 
ing tables shall be reduced by 10 percent. 

504.2.4 Zero lateral. Zero (0) lateral (L) shall apply only to 
a straight vertical vent attached to a top outlet draft hood or 
flue collar. 

504.2.5 Reserved. 

504.2.6 Multiple input rate appliances. For appliances 
with more than one input rate, the minimum vent capacity 
(FAN Min) determined from the tables shall be less than the 
lowest appliance input rating, and the maximum vent capac- 
ity (FAN Max/NAT Max) determined from the tables shall 
be greater than the highest appliance rating input. 

504.2.7 Liner system sizing. Listed corrugated metallic 
chimney liner systems in masonry chimneys shall be sized 
by using Table 504.2(1) or 504.2(2) for Type B vents with 
the maximum capacity reduced by 20 percent (0.80 x maxi- 
mum capacity) and the minimum capacity as shown in Table 
504.2(1) or 504.2(2). Corrugated metallic liner systems 
installed with bends or offsets shall have their maximum 
capacity further reduced in accordance with Section 
504.2.3. The 20-percent reduction for corrugated metallic 
chimney liner systems includes an allowance for one 
long-radius 90-degree (157 rad) turn at the bottom of the 
liner. 

504.2.8 Vent area and diameter. Where the vertical vent 
has a larger diameter than the vent connector, the vertical 
vent diameter shall be used to determine the minimum vent 
capacity, and the connector diameter shall be used to deter- 



mine the maximum vent capacity. The flow area of the verti- 
cal vent shall not exceed seven times the flow area of the 
listed appliance categorized vent area, flue collar area, or 
draft hood outlet area unless designed in accordance with 
approved engineering methods. 

504.2.9 Chimney and vent locations. Tables 504.2(1), 
504.2(2), 504.2(3), 504.2(4) and 504.2(5) shall be used for 
chimneys and vents not exposed to the outdoors below the 
roof line. A Type B vent or listed chimney lining system 
passing through an unused masonry chimney flue shall not 
be considered to be exposed to the outdoors. Table 504.2(3) 
in combination with Table 504.3(6) shall be used for 
clay-tile-lined exterior masonry chimneys, provided all of 
the following are met: 

1. Vent connector is Type B double-wall. 

2. Vent connector length is limited to 1 V 2 feet for each 
inch (18 mm per mm) of vent connector diameter. 

3. The appliance is draft hood equipped. 

4. The input rating is less than the maximum capacity 
given by Table 504.2(3). 

5. For a water heater, the outdoor design temperature is 
not less than 5°F(-15°C). 

6. For a space-heating appliance, the input rating is 
greater than the minimum capacity given by Table 
504.3(6). 

Where these conditions cannot be met, an alternative 
venting design shall be used, such as a listed chimney lining 
system. 

Exception: The installation of vents serving listed appli- 
ances shall be permitted to be in accordance with the 
appliance manufacturer's instructions and the terms of 
the listing. 

504.2.10 Corrugated vent connector size. Corrugated 
vent connectors shall be not smaller than the listed appli- 
ance categorized vent diameter, flue collar diameter, or draft 
hood outlet diameter. 

504.2.11 Vent connector size limitation. Vent connectors 
shall not be increased in size more than two sizes greater 
than the listed appliance categorized vent diameter, flue col- 
lar diameter, or draft hood outlet diameter. 

504.2.12 Component commingling. In a single run of vent 
or vent connector, different diameters and types of vent and 
connector components shall be permitted to be used, pro- 
vided that all such sizes and types are permitted by the 
tables. 

504.2.13 Table interpolation. Interpolation shall be per- 
mitted in calculating capacities for vent dimensions that fall 
between the table entries. 

504.2.14 Extrapolation prohibited. Extrapolation beyond 
the table entries shall not be permitted. 

504.2.15 Engineering calculations. For vent heights less 
than 6 feet (1829 mm) and greater than shown in the tables, 
engineering methods shall be used to calculate vent capaci- 



2008 NEW YORK CITY FUEL GAS CODE 



65 



CHIMNEYS AND VENTS 



■ ties. Signed and sealed calculations shall be submitted with 
filing application. 

504.3 Application of multiple appliance vent Tables 
504.3(1) through 504.3(8). The application of Tables 504.3(1) 
through 504.3(8) shall be subject to the requirements of Sec- 
I tions 504.3.1 through 504.3.5.$ 

504.3.1 Vent obstructions. These venting tables shall not 
be used where obstructions, as described in Section 503.15, 
are installed in the venting system. The installation of vents 
serving listed appliances with vent dampers shall be in 
accordance with the appliance manufacturer's instructions 
or in accordance with the following: 

1 . The maximum capacity of the vent connector shall be 
determined using the NAT Max column. 

2. The maximum capacity of the vertical vent or chim- 
ney shall be determined using the FAN+NAT column 
when the second appliance is a fan-assisted appliance, 
or the NAT+NAT column when the second appliance 
is equipped with a draft hood. 

3. The minimum capacity shall be determined as if the 
appliance were a fan-assisted appliance. 

3. 1. The minimum capacity of the vent connector 
shall be determined using the FAN Min col- 
umn. 

3.2. The FAN+FAN column shall be used where 
the second appliance is a fan-assisted appli- 
ance, and the FAN+NAT column shall be 
used where the second appliance is equipped 
with a draft hood, to determine whether the 
vertical vent or chimney configuration is not 
permitted (NA). Where the vent configuration 
is NA, the vent configuration shall not be per- 
mitted and an alternative venting configura- 
tion shall be utilized. 

504.3.2 Connector length limit. The vent connector shall 
be routed to the vent utilizing the shortest possible route. 
Except as provided in Section 504.3.3, the maximum vent 
connector horizontal length shall be 1 V 2 feet for each inch 

| (18 mm per mm) of connector diameter as shown in Table 
504.3.2. 

504.3.3 Connectors with longer lengths. Connectors with 
longer horizontal lengths than those listed in Section 
504.3.2 are permitted under the following conditions: 

1. The maximum capacity (FAN Max or NAT Max) of 
the vent connector shall be reduced 10 percent for 
each additional multiple of the length listed above. 
For example, the maximum length listed above for a 
4-inch (102 mm) connector is 6 feet (1829 mm).With 
a connector length greater than 6 feet (1829 mm) but 
not exceeding 12 feet (3658 mm), the maximum 
capacity must be reduced by 10 percent (0.90 x maxi- 
mum vent connector capacity). With a connector 
length greater than 12 feet (3658 mm) but not exceed- 
ing 18 feet (5486 mm), the maximum capacity must 
be reduced by 20 percent (0.80 maximum vent capac- 
ity). 



2. For a connector serving a fan-assisted appliance, the 
minimum capacity (FAN Min) of the connector shall 
be determined by referring to the corresponding sin- 
gle appliance table. For Type B double- wall connec- 
tors, Table 504.2(1) shall be used. For single- wall 
connectors, Table 504.2(2) shall be used. The height 
(H) and lateral (L) shall be measured according to the 
procedures for a single-appliance vent, as if the other 
appliances were not present. 

504.3.4 Vent connector manifold. Where the vent connec- 
tors are combined prior to entering the vertical portion of the 
common vent to form a common vent manifold, the size of 
the common vent manifold and the common vent shall be 
determined by applying a 10-percent reduction (0.90 x 
maximum common vent capacity) to the common vent 
capacity part of the common vent tables. The length of the 
common vent connector manifold (L M ) shall not exceed 1 V 2 
feet for each inch (457 mm for each 25.4 mm) of common 
vent connector manifold diameter (D) (see Figure B-l 1). 

504.3.5 Common vertical vent offset. Where the common 
vertical vent is offset, the maximum capacity of the common 
vent shall be reduced in accordance with Section 504.3.6. 
The horizontal length of the common vent offset (L ) shall 
not exceed 1 V 2 feet for each inch (457 mm for each 25.4 
mm) of common vent diameter. 

504.3.6 Elbows in vents. For each elbow up to and includ- 
ing 45 degrees (0.79 rad) in the common vent, the maximum 
common vent capacity listed in the venting tables shall be 
reduced by 5 percent. For each elbow greater than 45 
degrees (0.79 rad) up to and including 90 degrees (1 .57 rad), 
the maximum common vent capacity listed in the venting 
tables shall be reduced by 10 percent. 



TABLE 504.3.2 
MAXIMUM VENT CONNECTOR LENGTH 


CONNECTOR DIAMETER MAXIMUM 
(inches) 


CONNECTOR HORIZONTAL 
LENGTH (feet) 


3 


4% 


4 


6 


5 


7V 2 


6 


9 


7 


10'/ 2 


8 


12 


9 


13V 2 


10 


15 


12 


18 


14 


21 


16 


24 


18 


27 


20 


30 


22 


33 


24 


36 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 i 



66 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



504.3.7 Elbows in connectors. The vent connector capaci- 
ties listed in the common vent sizing tables include allow- 
ance for two 90-degree (1.57 rad) elbows. For each 
additional elbow up to and including 45 degrees (0.79 rad), 
the maximum vent connector capacity listed in the venting 
tables shall be reduced by 5 percent. For each elbow greater 
than 45 degrees (0.79 rad) up to and including 90 degrees 
(1.57 rad), the maximum vent connector capacity listed in 
the venting tables shall be reduced by 10 percent. 

504.3.8 Common vent minimum size. The cross-sectional 
area of the common vent shall be equal to or greater than the 
cross-sectional area of the largest connector. 

504.3.9 Common vent fittings. At the point where tee or 
wye fittings connect to a common vent, the opening size of 
the fitting shall be equal to the size of the common vent. 
Such fittings shall not be prohibited from having reduced 
size openings at the point of connection of appliance vent 
connectors. 

504.3.10 Connector rise measurement. Connector rise 
(R) for each appliance connector shall be measured from the 
draft hood outlet or flue collar to the centerline where the 
vent gas streams come together. 

504.3.11 Vent height measurement. For multiple units of 
equipment all located on one floor, available total height (H) 
shall be measured from the highest draft hood outlet or flue 
collar up to the level of the outlet of the common vent. 

504.3.12 Multistory height measurement. For multistory 
installations, available total height (H) for each segment of 
the system shall be the vertical distance between the highest 
draft hood outlet or flue collar entering that segment and the 
centerline of the next higher interconnection tee. 

504.3.13 Multistory lowest portion sizing. The size of the 
lowest connector and of the vertical vent leading to the low- 
est interconnection of a multistory system shall be in accor- 
dance with Table 504.2(1) or 504.2(2) for available total 
height (H) up to the lowest interconnection. 

504.3.14 Multistory common vents. Where used in multi- 
story systems, vertical common vents shall be Type B dou- 
ble wall and shall be installed with a listed vent cap. 

504.3.15 Multistory common vents offsets^. Offsets in 
multistory common vent systems shall be limited to a single 
offset in each system, and systems with an offset shall com- 
ply with all of the following: 

1. The offset angle shall not exceed 45 degrees (0.79 
rad) from vertical. 

2. The horizontal length of the offset shall not exceed 
1 '/ 2 feet for each inch (457 mm for each 25.4 mm) of 
common vent diameter of the segment in which the 
offset is located. 

3 . For the segment of the common vertical vent contain- 
ing the offset, the common vent capacity listed in the 
common venting tables shall be reduced by 20 per- 
cent (0.80 x maximum common vent capacity). 

4. A multistory common vent shall not be reduced in 
size above the offset. 



504.3.16 Vertical vent maximum size. Where two or more 
appliances are connected to a vertical vent or chimney, the 
flow area of the largest section of vertical vent or chimney 
shall not exceed seven times the smallest listed appliance 
categorized vent areas, flue collar area, or draft hood outlet 
area unless designed in accordance with approved engineer- 
ing methods. 

504.3.17 Multiple input rate appliances. For appliances 
with more than one input rate, the minimum vent connector 
capacity (FAN Min) determined from the tables shall be less 
than the lowest appliance input rating, and the maximum 
vent connector capacity (FAN Max or NAT Max) deter- 
mined from the tables shall be greater than the highest appli- 
ance input rating. 

504.3.18 Liner system sizing. Listed, corrugated metallic 
chimney liner systems in masonry chimneys shall be sized 
by using Table 504.3(1) or 504.3(2) for Type B vents, with 
the maximum capacity reduced by 20 percent (0.80 x maxi- 
mum capacity) and the minimum capacity as shown in Table 
504.3(1) or 504.3(2). Corrugated metallic liner systems 
installed with bends or offsets shall have their maximum 
capacity further reduced in accordance with Sections 
504.3.5 and 504.3.6. The 20-percent reduction for corru- 
gated metallic chimney liner systems includes an allowance 
for one long-radius 90-degree (1.57 rad) turn at the bottom 
of the liner. 

504.3.19 Chimney and vent location. Tables 504.3(1), 
504.3(2), 504.3(3), 504.3(4), and 504.3(5) shall be used for 
chimneys and vents not exposed to the outdoors below the 
roof line. A Type B vent or listed chimney lining system 
passing through an unused masonry chimney flue shall not 
be considered to be exposed to the outdoors. Tables 
504.3(7) and 504.3(8) shall be used for clay-tile-lined exte- 
rior masonry chimneys, provided all of the following condi- 
tions are met: 

1. Vent connector is Type B double-wall. 

2. At least one appliance is draft hood equipped. 

3. The combined appliance input rating is less than the 
maximum capacity given by Table 504.3(7a) for 
NAT+NAT or Table 504.3(8a) for FAN+NAT. 

4. The input rating of each space-heating appliance is 
greater than the minimum input rating given by Table 
504.3(7b) for NAT+NAT or Table 504.3(8b) for 

FAN+NAT. 

5 . The vent connector sizing is in accordance with Table 
504.3(3). 

Where these conditions cannot be met, an alternative 
venting design shall be used, such as a listed chimney lining 
system. 

Exception: Vents serving listed appliances installed in 
accordance with the appliance manufacturer's instruc- 
tions and the terms of the listing. 

504.3.20 Connector maximum and minimum size. Vent 
connectors shall not be increased in size more than two sizes 
greater than the listed appliance categorized vent diameter, 
flue collar diameter, or draft hood outlet diameter. Vent con- 



2008 NEW YORK CITY FUEL GAS CODE 



67 



CHIMNEYS AND VENTS 



nectors for draft hood-equipped appliances shall not be 
smaller than the draft hood outlet diameter. Where a vent 
connector size(s) determined from the tables for a 
fan-assisted appliance(s) is smaller than the flue collar 
diameter, the use of the smaller size(s) shall be permitted 
provided that the installation complies with all of the fol- 
lowing conditions: 

1. Vent connectors for fan-assisted appliance flue col- 
lars 12 inches (305 mm) in diameter or smaller are not 
reduced by more than one table size [e.g., 12 inches to 
10 inches (305 mm to 254 mm) is a one-size reduc- 
tion] and those larger than 12 inches (305 mm) in 
diameter are not reduced more than two table sizes 
[e.g., 24 inches to 20 inches (610 mm to 508 mm) is a 
two-size reduction]. 

2. The fan-assisted appliance(s) is common vented with 
a draft-hood-equipped appliances(s). 

3. The vent connector has a smooth interior wall, 

504.3.21 Component commingling. All combinations of 
pipe sizes, single-wall, and double-wall metal pipe shall be 
allowed within any connector run(s) or within the common 
vent, provided all of the appropriate tables permit all of the 
desired sizes and types of pipe, as if they were used for the 
entire length of the subject connector or vent. Where sin- 
gle-wall and Type B double- wall metal pipes are used for 
vent connectors within the same venting system, the com- 
mon vent must be sized using Table 504.3(2) or 504.3(4), as 
appropriate. 

504.3.22 Multiple sizes permitted. Where a table permits 
more than one diameter of pipe to be used for a connector or 
vent, all the permitted sizes shall be permitted to be used. 

504.3.23 Table interpolation. Interpolation shall be per- 
mitted in calculating capacities for vent dimensions that fall 
between table entries. 

504.3.24 Extrapolation prohibited. Extrapolation beyond 
the table entries shall not be permitted. 

504.3.25 Engineering calculations. For vent heights less 
than 6 feet (1829 mm) and greater than shown in the tables, 
engineering methods shall be used to calculate vent capaci- 
ties. 



SECTION FGC 506 
FACTORY-BUILT CHIMNEYS 

506.1 Building heating appliances. Factory-built chimneys 
for building heating appliances producing flue gases having a 
temperature not greater than 1 ,000°F (538°C), measured at the 
entrance to the chimney, shall be listed and labeled in accor- 
dance with UL 103 and shall be installed and terminated in 
accordance with the manufacturer's installation instructions 
and this code. 

506.2 Support. Where factory-built chimneys are supported 
by structural members, such as joists and rafters, such mem- 
bers shall be designed to support the additional load. 

506.3 Medium-heat appliances. Factory-built chimneys for 
medium-heat appliances producing flue gases having a tem- 
perature above 1,000°F (538°C), measured at the entrance to 
the chimney, shall be listed and labeled in accordance with UL 
959 and shall be installed and terminated in accordance with 
the manufacturer's installation instructions and this code. 



SECTION FGC 505 

DIRECT-VENT, INTEGRAL VENT, MECHANICAL 

VENT AND VENTILATION/EXHAUST HOOD 

VENTING 

505.1 General. The installation of direct- vent and integral vent 
appliances shall be in accordance with Section 503. Mechani- 
cal venting systems and exhaust hood venting systems shall be 
designed and installed in accordance with Section 503. 

505.1.1 Commercial cooking appliances vented by 
exhaust hoods. Refer to Chapter 5 of the New York City 
Mechanical Code. 



68 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



TABLE 504.3(1) 
TYPE B DOUBLE-WALL VENT 



Number of Appliances 


Two or more 


Appliance Type 


Category I 


Appliance Vent Connection 


Type B double-wall connector 



VENT CONNECTOR CAPACITY 



VENT 
HEIGHT 

(H) 
(feet) 


CONNECTOR 
RISE 

(feet) 






TYPE B DOUBLE-WALL VENT AND CONNECTOR DIAMETER— (D) inches 


3 


4 


5 


6 


7 


8 


9 


10 










APPLIANCE INPUT RATING LIMITS IN THOUSANDS OF BTU/H 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


6 


1 


22 


37 


26 


35 


66 


46 


46 


106 


72 


58 


164 


104 


77 


225 


1.42 


92 


296 


185 


109 


376 


237 


128 


466 


289 


2 


23 


41 


31 


37 


75 


55 


48 


121 


86 


60 


183 


124 


79 


253 


168 


95 


333 


220 


112 


424 


282 


131 


526 


345 


3 


24 


44 


35 


38 


81 


62 


49 


132 


96 


62 


199 


139 


82 


275 


189 


97 


363 


248 


114 


463 


31.7 


134 


575 


386 


8 


1 


22 


40 


27 


35 


72 


48 


49 


114 


76 


64 


176 


109 


84 


243 


148 


100 


320 


194 


118 


408 


248 


138 


507 


303 


2 


23 


44 


32 


36 


80 


57 


51 


128 


90 


66 


195 


129 


86 


269 


175 


103 


356 


230 


121 


454 


294 


.141 


564 


358 


3 


24 


47 


36 


37 


87 


64 


53 


139 


101 


67 


210 


145 


88 


290 


198 


105 


384 


258 


123 


492 


330 


143 


612 


402 


10 


1 


22 


43 


28 


34 


78 


50 


49 


123 


78 


65 


189 


113 


89 


257 


154 


106 


341 


200 


125 


436 


257 


146 


542 


314 


2 


23 


47 


33 


36 


86 


59 


51 


136 


93 


67 


206 


134 


91 


282 


182 


109 


374 


238 


128 


479 


305 


149 


596 


372 


3 


24 


50 


37 


37 


92 


67 


52 


146 


104 


69 


220 


150 


94 


303 


205 


111 


402 


268 


131 


515 


342 


152 


642 


417 


15 


1 


2! 


50 


30 


33 


89 


53 


47 


142 


83 


64 


220 


120 


88 


298 


163 


110 


389 


214 


134 


493 


273 


162 


609 


333 


2 


22 


53 


35 


35 


96 


63 


49 


153 


99 


66 


235 


142 


91 


320 


193 


112 


419 


253 


137 


532 


323 


165 


658 


394 


3 


24 


55 


40 


36 


102 


71 


51 


163 


111 


68 


248 


160 


93 


339 


218 


115 


445 


286 


140 


565 


365 


167 


700 


444 


20 


1 


21 


54 


31 


33 


99 


56 


46 


157 


87 


62 


246 


125 


86 


334 


171 


107 


436 


224 


131 


552 


285 


158 


681 


347 


2 


22 


57 


37 


34 


105 


66 


48 


167 


104 


64 


259 


149 


89 


354 


202 


110 


463 


265 


134 


587 


339 


161 


725 


41.4 


3 


23 


60 


42 


35 


110 


74 


50 


176 


116 


66 


271 


168 


91 


371 


228 


113 


486 


300 


137 


618 


383 


164 


764 


466 


30 


1 


20 


62 


33 


31 


113 


59 


45 


181 


93 


60 


288 


134 


83 


391 


182 


103 


512 


238 


125 


649 


305 


151 


802 


372 
439 


2 


21 


64 


39 


33 


118 


70 


47 


190 


110 


62 


299 


158 


85 


408 


215 


105 


535 


282 


129 


679 


360 


155 


840 


3 


22 


66 


44 


34 


123 


79 


48 


198 


124 


64 


309 


178 


88 


423 


242 


108 


555 


317 


132 


706 


405 


158 


874 


494 


50 


1 


19 


71 


36 


30 


133 


64 


43 


216 


101 


57 


349 


145 


78 


477 


197 


97 


627 


257 


120 


797 


330 


144 


984 


403 


2 


21 


73 


43 


32 


137 


76 


45 


223 


119 


59 


358 


172 


81 


490 


234 


100 


645 


306 


123 


820 


392 


148 


1,014 


478 


3 


22 


75 


48 


33 


141 


86 


46 


229 


134 


61 


366 


194 


83 


502 


263 


103 


661. 


343 


126 


842 


441 


151 


1,043 


538 


100 


1 


18 


82 


37 


28 


158 


66 


40 


262 


104 


53 


442 


150 


73 


611 


204 


91 


810 


266 


112 


1,038 


341 


135 


1,285 


417 


2 


19 


83 


44 


30 


161 


79 


42 


267 


123 


55 


447 


178 


75 


619 


242 


94 


822 


316 


115 


1,054 


405 


139 


1 ,306 


494 


3 


20 


84 


50 


31 


163 


89 


44 


272 


138 


57 


452 


109 


78 


627 


272 


97 


834 


355 


118 


1,069 


455 


142 


1 ,327 


555 



COMMON VENT CAPACITY 



VENT 

HEIGHT 

<W) 

(feet) 














TYPE B DOUBLE-WALL COMMON VENT DIAMETER 


(0)— inches 














4 


5 


6 


7 


8 




9 




L_ 


10 
















COM 


BINED A 


PPLIAN 


CE INPUT RATING IN TH 


OUSAN 


DS OF BTU/H 














FAN 
+FAN 


FAN 
+NAT 


NAT 

+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 

+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


6 


92 


81 


65 


140 


116 


103 


204 


161 


1.47 


309 


248 


200 


404 


314 


260 


547 


434 


335 


672 


520 


410 


8 


101 


90 


73 


155 


129 


114 


224 


178 


163 


339 


275 


223 


444 


348 


290 


602 


480 


378 


740 


577 


465 


10 


110 


97 


79 


169 


141 


124 


243 


194 


178 


367 


299 


242 


477 


377 


315 


649 


522 


405 


800 


627 


495 


15 


125 


112 


91 


195 


164 


144 


283 


228 


206 


427 


352 


280 


556 


444 


365 


753 


612 


465 


924 


733 


565 


20 


136 


123 


102 


215 


183 


160 


314 


255 


229 


475 


394 


310 


621 


499 


405 


842 


688 


523 


1,035 


826 


640 


30 


152 


138 


118 


244 


210 


185 


361 


297 


266 


547 


459 


360 


720 


585 


470 


979 


808 


605 


1,209 


975 


740 


50 


167 


153 


134 


279 


244 


214 


421 


353 


310 


641 


547 


423 


854 


706 


550 


1,164 


977 


705 


1 ,45 1 


1,188 


860 


100 


175 


163 


NA 


311 


277 


NA 


489 


421 


NA 


751 


658 


479 


1,025 


873 


625 


1 ,408 


1,215 


800 


1,784 


1,502 


975 



(continued) 



2008 NEW YORK CITY FUEL GAS CODE 



69 



CHIMNEYS AND VENTS 



TABLE 504.3(1)— continued 
TYPE B DOUBLE-WALL VENT 



Number of Appliances 


Two or more 


Appliance Type 


Category I 


Appliance Vent Connection 


Type B double-wall connector 



VENT CONNECTOR CAPACITY 








































VENT 
HEIGHT 

(H) 
(feet) 


CONNECTOR 
RISE 

(A) 
(feet) 


TYPE 8 DOUBLE-WALL VENT AND DIAMETER— (D) inches 




12 


14 


16 


18 


20 




22 




24 


APPLIANCE INPUT RATING LIMITS IN THOUSANDS OF BTU/H 




FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FA 


N 


NAT 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


6 


2 


174 


764 


496 


223 


1,046 


653 


281 


1,371 


853 


346 


1,772 


1,080 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


180 


897 


616 


230 


1,231 


827 


287 


1,617 


1,081 


352 


2,069 


1,370 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


6 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


8 


2 


186 


822 


516 


238 


1,126 


696 


298 


1,478 


910 


365 


1 ,920 


1,150 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


192 


952 


644 


244 


1,307 


884 


305 


1,719 


1,150 


372 


2,211 


1,460 


471 


2,737 


1 ,800 


560 


3,319 


2,180 


662 


3,957 


2,590 


6 


198 


1,050 


772 


252 


1,445 


1 ,072 


313 


1,902 


1,390 


380 


2,434 


1,770 


478 


3,018 


2,180 


568 


3,665 


2,640 


669 


4,373 


3,130 


10 


2 


196 


870 


536 


249 


1,195 


730 


311 


1,570 


955 


379 


2,049 


1,205 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


201 


997 


664 


256 


1,371 


924 


318 


1,804 


1,205 


387 


2,332 


1,535 


486 


2,887 


1,890 


581 


3,502 


2,280 


686 


4,1.75 


2,71.0 


6 


207 


1,095 


792 


263 


1,509 


1,11.8 


325 


1,989 


1,455 


395 


2,556 


1,865 


494 


3,169 


2,290 


589 


3,849 


2,760 


694 


4,593 


3,270 


15 


2 


214 


967 


568 


272 


1,334 


790 


336 


1,760 


1,030 


408 


2,317 


1,305 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


221 


1,085 


712 


279 


1,499 


1,006 


344 


1,978 


1,320 


416 


2,579 


1,665 


523 


3,197 


2,060 


624 


3,881 


2,490 


734 


4,631 


2,960 


6 


228 


1,181 


856 


286 


1,632 


1,222 


35.1. 


2,157 


1,610 


424 


2,796 


2,025 


533 


3,470 


2,510 


634 


4,216 


3,030 


743 


5,035 


3,600 


20 


2 


223 


1,051 


596 


291 


1,443 


840 


357 


1,911 


1,095 


430 


2,533 


1,385 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


230 


1,162 


748 


298 


1,597 


1,064 


365 


2,116 


1,395 


438 


2,778 


1,765 


554 


3,447 


2,180 


661 


4,190 


2,630 


772 


5,005 


3,130 


6 


237 


1.253 


900 


307 


1.726 


1,288 


373 


2,287 


1,695 


450 


2,984 


2,145 


567 


3,708 


2,650 


671 


4,511 


3,190 


785 


5,392 


3,790 


30 


2 


216 


1,217 


632 


286 


1,664 


910 


367 


2,183 


1,190 


461 


2,891 


1,540 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


223 


1,316 


792 


294 


1,802 


1,160 


376 


2,366 


1,510 


474 


3,110 


1,920 


619 


3,840 


2,365 


728 


4,861 


2,860 


847 


5,606 


3,410 


6 


231 


1,400 


952 


303 


1,920 


1,410 


384 


2,524 


1,830 


485 


3,299 


2,340 


632 


4,080 


2,875 


741 


4,976 


3,480 


860 


5,961 


4,150 


50 


2 


206 


1,479 


689 


273 


2,023 


1,007 


350 


2,659 


1,315 


435 


3,548 


1,665 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


213 


1,561 


860 


281 


2.139 


1,291 


359 


2,814 


1,685 


447 


3,730 


2,135 


580 


4,601 


2,633 


709 


5,569 


3,185 


851 


6,633 


3,790 


6 


221 


1,631 


1,031 


290 


2,242 


1,575 


369 


2,951 


2,055 


461 


3,893 


2,605 


594 


4,808 


3,208 


724 


5,826 


3,885 


867 


6,943 


4,620 


100 


2 


192 


1,923 


712 


254 


2,644 


1,050 


326 


3,490 


1,370 


402 


4,707 


1,740 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4 


200 


1,984 


888 


263 


2,731 


1,346 


336 


3,606 


1,760 


414 


4,842 


2,220 


523 


5,982 


2,750 


639 


7,254 


3,330 


769 


8,650 


3,950 
4,810 


6 


208 


2,035 


1 ,064 


272 


2,811 


1,642 


346 


3,714 


2,150 


426 


4,968 


2,700 


539 


6,143 


3,350 


654 


7,453 4,070 


786 


8,892 



COMMON VENT CAPACITY 



VENT 

HEIGHT 

(W) 

(feet) 


TYPE B DOUBLE-WALL COMMON VENT DIAMETER— (D) inches 


12 


14 


16 


18 


20 


22 


24 


COMBINED APPLIANCE INPUT RATING IN THOUSANDS OF BTU/H 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 

+FAN 


FAN 

+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 

+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


6 


900 


696 


588 


1 ,284 


990 


815 


1,735 


1,336 


1,065 


2,253 


1,732 


1,345 


2,838 


2,180 


1,660 


3,488 


2,677 


1970 


4,206 


3,226 


2,390 


8 


994 


773 


652 


1,423 


1,103 


912 


1,927 


1,491 


U90 


2,507 


1,936 


1,510 


3,162 


2,439 


1,860 


3,890 


2,998 


2,200 


4,695 


3,616 


2,680 


10 


1,076 


841 


712 


1,542 


1,200 


995 


2,093 


1,625 


1,300 


2,727 


2,113 


1645 


3,444 


2,665 


2,030 


4,241 


3,278 


2,400 


5,123 


3,957 


2,920 


15 


1,247 


986 


825 


1,794 


1,410 


1,158 


2,440 


1,910 


1,510 


3,184 


2,484 


1,9.10 


4,026 


3,133 


2,360 


4,97.1 


3,862 


2,790 


6,016 


4,670 


3,400 


20 


1,405 


1,116 


916 


2,006 


1,588 


1,290 


2,722 


2,147 


1,690 


3,561 


2,798 


2,1.40 


4,548 


3,552 


2,640 


5,573 


4,352 


3,120 


6,749 


5,261 


3,800 


30 


1,658 


1,327 


1 ,025 


2,373 


.1,892 


1,525 


3,220 


2,558 


1,990 


4,197 


3,326 


2,520 


5,303 


4,193 


3,110 


6,539 


5,157 


3,680 


7,940 


6,247 


4,480 


50 


2,024 


1 ,640 


1,280 


2,911 


2,347 


1,863 


3,964 


3,183 


2,430 


5,184 


4,149 


3,075 


6,567 


5,240 


3,800 


8,116 


6,458 


4,500 


9,837 


7,813 


5,475 


100 


2,569 


2,131 


1,670 


3,732 


3,076 


2,450 


5,125 


4,202 


3,200 


6,749 


5,509 


4,050 


8,597 


6,986 


5,000 


10,681 


8,648 


5,920 


13,004 


10,499 


7,200 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



70 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



TABLE 504.3(2) 
TYPE B DOUBLE-WALL VENT 



Number of Appliances 


Two or more 


Appliance Type 


Category I 


Appliance Vent Connection 


Single- wall metal connector 



VENT CONNECTOR CAPACITY 














































VENT 

HEIGHT 

(H) 

(feet) 


CONNECTOR 
RISE 

(A) 
(feet) 


SINGLE-WALL METAL VENT CONNECTOR DIAMETER— (D) inches 


3 4 


5 


6 


7 


8 


9 


10 


APPLIANCE INPUT RATING LIMITS IN THOUSANDS OF BTU/H 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


6 


1 


NA 


NA 


26 


NA 


NA 


46 


NA 


NA 


71 


NA 


NA 


102 


207 


223 


140 


262 


293 


183 


325 


373 


234 


447 


463 


286 


2 


NA 


NA 


31 


NA 


NA 


55 


NA 


NA 


85 


168 


182 


123 


215 


251 


167 


271 


331 


219 


334 


422 


281 


458 


524 


344 


3 


NA 


NA 


34 


NA 


NA 


62 


121 


131 


95 


175 


198 


138 


222 


273 


188 


279 


361 


247 


344 


462 


316 


468 


574 


385 


8 


1 


NA 


NA 


27 


NA 


NA 


48 


NA 


NA 


75 


NA 


NA 


106 


226 


240 


145 


285 


316 


191 


352 


403 


244 


481 


502 


299 


2 


NA 


NA 


32 


NA 


NA 


57 


125 


126 


89 


184 


193 


127 


234 


266 


173 


293 


353 


228 


360 


450 


292 


492 


560 


355 


3 


NA 


NA 


35 


NA 


NA 


64 


130 


138 


100 


191 


208 


144 


241 


287 


197 


302 


381 


256 


370 


489 


328 


501 


609 


400 


10 


1 


NA 


NA 


28 


NA 


NA 


50 


119 


121 


77 


182 


186 


110 


240 


253 


150 


302 


335 


196 


372 


429 


252 


506 


534 


308 


2 


NA 


NA 


33 


84 


85 


59 


124 


134 


91 


189 


203 


132 


248 


278 


183 


311 


369 


235 


381 


473 


302 


517 


589 


368 


3 


NA 


NA 


36 


89 


91 


67 


129 


144 


102 


197 


217 


148 


257 


299 


203 


320 


398 


265 


391 


511 


339 


528 


637 


413 


15 


1 


NA 


NA 


29 


79 


87 


52 


116 


138 


81 


177 


214 


116 


238 


291 


158 


312 


380 


208 


397 


482 


266 


556 


596 


324 


2 


NA 


NA 


34 


83 


94 


62 


121 


150 


97 


185 


230 


138 


246 


314 


189 


321 


411 


248 


407 


522 


317 


568 


646 


387 


3 


NA 


NA 


39 


87 


100 


70 


127 


160 


109 


193 


243 


157 


255 


333 


215 


331 


438 


281 


418 


557 


360 


579 


690 


437 


20 


1 


49 


56 


30 


78 


97 


54 


115 


152 


84 


175 


238 


120 


233 


325 


165 


306 


425 


217 


390 


538 


276 


546 


664 


336 


2 


52 


59 


36 


82 


103 


64 


120 


163 


101 


182 


252 


144 


243 


346 


197 


317 


453 


259 


400 


574 


331 


558 


709 


403 


3 


55 


62 


40 


87 


107 


72 


125 


172 


113 


190 


264 


164 


252 


363 


223 


326 


476 


294 


412 


607 


375 


570 


750 


457 


30 


1 


47 


60 


31 


77 


110 


57 


112 


175 


89 


169 


278 


129 


226 


380 


175 


296 


497 


230 


378 


630 


294 


528 


779 


358 


2 


51 


62 


37 


81 


115 


67 


117 


185 


106 


177 


290 


152 


236 


397 


208 


307 


521 


274 


389 


662 


349 


541 


819 


425 


3 


54 


64 


42 


85 


119 


76 


122 


193 


120 


185 


300 


172 


244 


412 


235 


316 


542 


309 


400 


690 


394 


555 


855 


482 


50 


1 


46 


69 


34 


75 


128 


60 


109 


207 


96 


162 


336 


137 


2.17 


460 


188 


284 


604 


245 


364 


768 


314 


507 


951 


384 


2 


49 


71 


40 


79 


132 


72 


114 


215 


113 


170 


345 


164 


226 


473 


223 


294 


623 


293 


376 


793 


375 


520 


983 


458 


3 


52 


72 


45 


83 


136 


82 


119 


221 


123 


178 


353 


186 


235 


486 


252 


304 


640 


33.1 


387 


816 


423 


535 


1,013 


518 


100 


1 


45 


79 


34 


71 


150 


61 


104 


249 


98 


153 


424 


140 


205 


585 


192 


269 


774 


249 


345 


993 


321 


476 


1,236 


393 


2 


48 


80 


41 


75 


153 


73 


110 


255 


115 


160 


428 


167 


212 


593 


228 


279 


788 


299 


358 


1,011 


383 


490 


1,259 


469 


3 


51 


81 


46 


79 


157 


85 


114 


260 


129 


168 


433 


190 


222 


603 


256 


289 


801 


339 


368 


1,027 


431 


506 


1,280 


527 



COMMON VENT CAPACITY 






































VENT 

HEIGHT 

(H) 

(feet) 














TYPE B DOUBLE-WALL COMMON VENT DIAMETER- 


— (0) inches 






4 




5 






6 






7 






8 




9 


10 










COMBINED A 


PPLIAN 


CE INPUT RATING IN THOUSANDS OF BTU/H 














FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


6 


NA 


78 


64 


NA 


113 


99 


200 


158 


144 


304 


244 


196 


398 


310 


257 


541 


429 


332 


665 


515 


407 


8 


NA 


87 


71 


NA 


126 


111 


218 


173 


159 


331 


269 


218 


436 


342 


285 


592 


473 


373 


730 


569 


460 


10 


NA 


94 


76 


163 


137 


120 


237 


189 


174 


357 


292 


236 


467 


369 


309 


638 


512 


398 


787 


617 


487 


15 


121 


108 


88 


189 


159 


140 


275 


221 


200 


416 


343 


274 


544 


434 


357 


738 


599 


456 


905 


718 


553 


20 


131 


118 


98 


208 


177 


156 


305 


247 


223 


463 


383 


302 


606 


487 


395 


824 


673 


512 


1,013 


808 


626 


30 


145 


132 


113 


236 


202 


180 


350 


286 


257 


533 


446 


349 


703 


570 


459 


958 


790 


593 


1,183 


952 


723 


50 


159 


145 


128 


268 


233 


208 


406 


337 


296 


622 


529 


410 


833 


686 


535 


1,139 


954 


689 


1,418 


1,157 


838 


100 


166 


153 


NA 


297 


263 


NA 


469 


398 


NA 


726 


633 


464 


999 


846 


606 


1,378 


1,185 


780 


1,741 


1,459 


948 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.293 1 W 



2008 NEW YORK CITY FUEL GAS CODE 



71 



CHIMNEYS AND VENTS 



TABLE 504.3(3) 
MASONRY CHIMNEY 



Number of Appliances 


Two or more 


Appliance Type 


Category I 


Appliance Vent Connection 


Type B double-wall connector 



VENT CONNECTOR CAPACITY 



VENT 

HEIGHT 

(H) 

(feet) 


CONNECTOR 
RISE 

(A) 
(feet) 




TYPE 8 DOUBLE-WALL VENT CONNECTOR DIAMETER— (D) inches 


3 


4 


5 


6 


7 


8 


9 


10 


APPLIANCE INPUT RATING LIMITS IN THOUSANDS OF BTU/H 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


6 


1 


24 


33 


21 


39 


62 


40 


52 


106 


67 


65 


194 


101 


87 


274 


141 


104 


370 


201 


124 


479 


253 


145 


599 


319 


2 


26 


43 


28 


4.1 


79 


52 


53 


133 


85 


67 


230 


124 


89 


324 


173 


107 


436 


232 


127 


562 


300 


148 


694 


378 


3 


27 


49 


34 


42 


92 


61 


55 


155 


97 


69 


262 


143 


91 


369 


203 


109 


491 


270 


129 


633 


349 


151 


795 


439 


8 


1 


24 


39 


22 


39 


72 


41 


55 


1.17 


69 


71 


213 


105 


94 


304 


148 


113 


414 


210 


134 


539 


267 


156 


682 


335 


2 


26 


47 


29 


40 


87 


53 


57 


140 


86 


73 


246 


127 


97 


350 


179 


116 


473 


240 


137 


615 


311 


160 


776 


394 


3 


27 


52 


34 


42 


97 


62 


59 


159 


98 


75 


269 


145 


99 


383 


206 


119 


51.7 


276 


139 


672 


358 


163 


848 


452 


10 


1 


24 


42 


22 


38 


80 


42 


55 


130 


7.1 


74 


232 


108 


101 


324 


153 


120 


444 


216 


142 


582 


277 


165 


739 


348 


2 


26 


50 


29 


40 


93 


54 


57 


1.53 


87 


76 


261 


129 


103 


366 


184 


123 


498 


247 


145 


652 


321 


168 


875 


407 


3 


27 


55 


35 


41 


105 


63 


58 


170 


100 


78 


284 


148 


106 


397 


209 


126 


540 


281 


147 


705 


366 


171 


893 


463 


15 


1 


24 


48 


23 


38 


93 


44 


54 


154 


74 


72 


277 


114 


100 


384 


164 


125 


511 


229 


153 


658 


297 


184 


824 


375 


2 


25 


55 


31 


39 


105 


55 


56 


174 


89 


74 


299 


134 


103 


419 


192 


128 


558 


260 


156 


718 


339 


187 


900 


432 


3 


26 


59 


35 


41 


115 


64 


57 


189 


102 


76 


319 


153 


105 


448 


215 


131 


597 


292 


159 


760 


382 


190 


960 


486 


20 


1 


24 


52 


24 


37 


102 


46 


53 


172 


77 


71 


313 


119 


98 


437 


173 


123 


584 


239 


150 


752 


312 


180 


943 


397 


2 


25 


58 


31 


39 


114 


56 


55 


190 


91 


73 


335 


138 


101 


467 


199 


126 


625 


270 


153 


805 


354 


184 


1,011 


452 


3 


26 


63 


35 


40 


123 


65 


57 


204 


104 


75 


353 


157 


104 


493 


222 


129 


661 


301 


156 


851 


396 


187 


1 ,067 


505 


30 


1 


24 


54 


25 


37 


111 


48 


52 


192 


82 


69 


357 


127 


96 


504 


187 


119 


680 


255 


145 


883 


337 


175 


1 115 


432 


2 


25 


60 


32 


38 


122 


58 


54 


208 


95 


72 


376 


145 


99 


531 


209 


122 


715 


287 


.149 


928 


378 


179 


1.171 


484 


3 


26 


64 


36 


40 


131 


66 


56 


221 


107 


74 


392 


163 


101. 


554 


233 


125 


746 


3.17 


152 


968 


418 


182 


1.770 


535 


50 


1 


23 


51 


25 


36 


116 


51 


51 


209 


89 


67 


405 


143 


92 


582 


213 


115 


798 


294 


140 


1,049 


39?. 


168 


1 334 


506 


2 


24 


59 


32 


37 


127 


61 


53 


225 


102 


70 


421 


161 


95 


604 


235 


118 


827 


326 


143 


1,085 


433 


172 


1 379 


558 


3 


26 


64 


36 


39 


135 


69 


55 


237 


1.15 


72 


435 


80 


98 


624 


260 


121 


854 


357 


147 


1,118 


474 


176 


1 4^1 


611 


100 


1 


23 


46 


24 


35 


108 


50 


49 


208 


92 


65 


428 


155 


88 


640 


237 


109 


907 


334 


134 


1 ,222 


454 


161 


1 589 


596 


2 


24 


53 


31 


37 


120 


60 


51 


224 


105 


67 


444 


174 


92 


660 


260 


1.13 


933 


368 


138 


1.253 


497 


165 


1,626 


651 




3 


25 


59 


35 


38 


130 


68 


53 


237 


118 


69 


458 


193 


94 


679 


285 


116 


956 399 


14.1 J 


1,282 


540 


169 


1,661 


705 



COMMON VENT CAPACITY 



VENT 
HEIGHT 

(W) 
(feet) 




MINIMUM INTERNAL AREA OF MASONRY CHIMNEY FLUE (square inches) 


12 


19 


28 


38 1 50 


63 


78 


113 








COMBINED APPLIANCE INPUT RATING IN THOUSANDS OF BTU/H 




FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 

+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 

+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 

+NAT 


NAT 
+NAT 


6 


NA 


74 


25 


NA 


119 


46 


NA 


178 


71 


NA 


257 


103 


NA 


351 


143 


NA 


458 


188 


NA 


582 


246 


1,041 


853 


NA 


8 


NA 


80 


28 


NA 


130 


53 


NA 


193 


82 


NA 


279 


119 


NA 


384 


163 


NA 


501 


218 


724 


636 


278 


1,144 


937 


408 


10 


NA 


84 


31 


NA 


138 


56 


NA 


207 


90 


NA 


299 


131 


NA 


409 


177 


606 


538 


236 


776 


686 


302 


1,226 


1,010 


454 


15 


NA 


NA 


36 


NA 


152 


67 


NA 


233 


106 


NA _, 


334 


152 


523 


467 


212 


682 


611 


283 


874 


781 


365 


1 374 


1,156 


546 


20 


NA 


NA 


41 


NA 


NA 


75 


NA 


250 


122 


NA 


368 


172 


565 


508 


243 


742 


668 


325 


955 


858 


419 


1,513 


1,286 


648 


30 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


270 


137 


NA 


404 


198 


615 


564 


278 


816 


747 


381 


1,062 


969 


496 


1,702 


1,473 


749 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


620 


328 


879 


831 


461 


1,165 


1,089 


606 


1.905 


1 ,692 


9?? 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


348 


NA 


NA 


499 


NA 


NA 


669 


2,053 


1,921 


1,058 



For SI: 1 inch = 25.4 mm, 1 square inch = 645.16 mm 2 , 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



72 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



TABLE 504.3(4) 
MASONRY CHIMNEY 



Number of Appliances 


Two or more 


Appliance Type 


Category I 


Appliance Vent Connection 


Single-wall metal connector 



VENT CONNECTOR CAPACITY 



VENT 

HEIGHT 

(H) 

(feet) 


CONNECTOR 
RISE 

(A) 
(feet) 


SINGLE-WALL METAL VENT CONNECTOR DIAMETER (D)— inches 


3 


4 


5 


6 


7 


8 | 9 | 10 


APPLIANCE INPUT RATING LIMITS IN THOUSANDS OF BTU/H 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


FAN 


NAT 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


Min 


Max 


Max 


6 


i 


NA 


NA 


21 


NA 


NA 


39 


NA 


NA 


66 


179 


191 


100 


231 


271 


140 


292 


366 


200 


362 


474 


252 


499 


594 


316 


2 


NA 


NA 


28 


NA 


NA 


52 


NA 


NA 


84 


186 


227 


123 


239 


321 


172 


301 


432 


231 


373 


557 


299 


509 


696 


376 


3 


NA 


NA 


34 


NA 


NA 


61 


134 


153 


97 


193 


258 


142 


247 


365 


202 


309 


491 


269 


381 


634 


348 


519 


793 


437 


8 


1 


NA 


NA 


21 


NA 


NA 


40 


NA 


NA 


68 


195 


208 


103 


250 


298 


.146 


313 


407 


207 


387 


530 


263 


529 


672 


331 


2 


NA 


NA 


28 


NA 


NA 


52 


137 


139 


85 


202 


240 


125 


258 


343 


177 


323 


465 


238 


397 


607 


309 


540 


766 


391 


3 


NA 


NA 


34 


NA 


NA 


62 


143 


156 


98 


210 


264 


145 


266 


376 


205 


332 


509 


274 


407 


663 


356 


551 


838 


450 


10 


I 


NA 


NA 


22 


NA 


NA 


41 


130 


15! 


70 


202 


225 


106 


267 


316 


151 


333 


434 


213 


410 


571 


273 


558 


727 


343 


2 


NA 


NA 


29 


NA 


NA 


53 


136 


150 


86 


210 


255 


128 


276 


358 


181 


343 


489 


244 


420 


640 


317 


569 


813 


403 


3 


NA 


NA 


34 


97 


102 


62 


143 


166 


99 


217 


277 


147 


284 


389 


207 


352 


530 


279 


430 


694 


363 


580 


880 


459 


15 


I 


NA 


NA 


23 


NA 


NA 


43 


129 


151 


73 


199 


271 


112 


268 


376 


161 


349 


502 


225 


445 


646 


291 


623 


808 


366 


2 


NA 


NA 


30 


92 


103 


54 


135 


170 


88 


207 


295 


132 


277 


411 


189 


359 


548 


256 


456 


706 


334 


634 


884 


424 


3 


NA 


NA 


34 


96 


112 


63 


141 


185 


101 


215 


315 


151 


286 


439 


213 


368 


586 


289 


466 


755 


378 


646 


945 


479 


20 


1 


NA 


NA 


23 


87 


99 


45 


128 


167 


76 


197 


303 


117 


265 


425 


169 


345 


569 


235 


439 


734 


306 


614 


921 


347 


2 


NA 


NA 


30 


91 


111 


55 


134 


185 


90 


205 


325 


136 


274 


455 


195 


355 


610 


266 


450 


787 


348 


627 


986 


443 


3 


NA 


NA 


35 


96 


119 


64 


140 


199 


103 


213 


343 


154 


282 


481 


219 


365 


644 


298 


461 


831 


391 


639 


1,042 


496 


30 


1 


NA 


NA 


24 


86 


108 


47 


126 


187 


80 


193 


347 


124 


259 


492 


183 


338 


665 


250 


430 


864 


330 


600 


1,089 


421 


2 


NA 


NA 


31 


91 


119 


57 


132 


203 


93 


201 


366 


142 


269 


518 


205 


348 


699 


282 


442 


908 


372 


613 


1,145 


473 


3 


NA 


NA 


35 


95 


127 


65 


138 


216 


105 


209 


381 


160 


277 


540 


229 


358 


729 


312 


452 


946 


412 


626 


1,193 


524 


50 


1 


NA 


NA 


24 


85 


113 


50 


124 


204 


87 


188 


392 


139 


252 


567 


208 


328 


778 


287 


417 


1,022 


383 


582 


1,302 


492 


i 


NA 


NA 


31 


89 


123 


60 


130 


218 


100 


196 


408 


158 


262 


588 


230 


339 


806 


320 


429 


1,058 


425 


596 


1,346 


545 


3 


NA 


NA 


35 


94 


131 


68 


136 


231 


112 


205 


422 


176 


271 


607 


255 


349 


831 


351 


440 


1,090 


466 


610 


1,386 


597 


100 


1 


NA 


NA 


23 


84 


104 


49 


122 


200 


89 


182 


410 


151 


243 


617 


232 


315 


875 


328 


402 


1,181 


444 


560 


1,537 


580 


2 


NA 


NA 


30 


88 


115 


59 


127 


215 


102 


190 


425 


169 


253 


636 


254 


326 


899 


361 


415 


1,210 


488 


575 


1,570 


634 


3 


NA 


NA 


34 


93 


124 


67 


133 


228 


115 


199 


438 


1.88 


262 


654 


279 


337 


921 


392 


427 1 1,238 


529 


589 


1,604 


687 



COMMON VENT CAPACITY 












































VENT 

HEIGHT 

(H) 

(feet) 


MINIMUM INTERNAL AREA OF MASONRY CHIMNEY FLUE (square inches) 


12 


19 


28 


38 


50 


63 


78 


113 


COMBINED APPLIANCE INPUT RATING IN THOUSANDS OF BTU/H 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
♦FAN 


FAN 

+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 

+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


FAN 
+FAN 


FAN 
+NAT 


NAT 
+NAT 


6 


NA 


NA 


25 


NA 


118 


45 


NA 


176 


71 


NA 


255 


102 


NA 


348 


142 


NA 


455 


187 


NA 


579 


245 


NA 


846 


NA 


8 


NA 


NA 


28 


NA 


128 


52 


NA 


190 


81 


NA 


276 


118 


NA 


380 


162 


NA 


497 


217 


NA 


633 


277 


1,136 


928 


405 


10 


NA 


NA 


31 


NA 


136 


56 


NA 


205 


89 


NA 


295 


129 


NA 


405 


175 


NA 


532 


234 


171 


680 


300 


1,216 


1 ,000 


450 


15 


NA 


NA 


36 


NA 


NA 


66 


NA 


230 


105 


NA 


335 


150 


NA 


400 


210 


677 


602 


280 


866 


772 


360 


1,359 


1,139 


540 


20 


NA 


NA- 


NA 


NA 


NA 


74 


NA 


247 


120 


NA 


362 


170 


NA 


503 


240 


765 


661 


321 


947 


849 


415 


1,495 


1,264 


640 


30 


NA 


NA 


NA 


NA 


NA 


NA. 


NA 


NA 


135 


NA 


398 


195 


NA 


558 


275 


808 


739 


377 


1,052 


957 


490 


1,682 


1,447 


740 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


612 


325 


NA 


821 


456 


1,152 


1,076 


600 


1,879 


1,672 


910 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA. 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


494 


NA 


NA 


663 


2,006 


1,885 


1,046 



For SI: 1 inch = 25.4 mm, 1 square inch = 645.16 mm 2 , 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



2008 NEW YORK CITY FUEL GAS CODE 



73 



CHIMNEYS AND VENTS 



TABLE 504.3(5) 
SINGLE-WALL METAL PIPE OR TYPE ASBESTOS CEMENT VENT 



Number of Appliances 


Two or more 


Appliance Type 


Draft hood-equipped 


Appliance Vent Connection 


Direct to pipe or vent 



VENT CONNECTOR CAPACITY 



TOTAL VENT 
HEIGHT 

("> 
(feet) 


CONNECTOR 
RISE 

(«) 

(feet) 


VENT CONNECTOR DIAMETER— (D) inches 


3 


4 


5 


6 


7 


8 


MAXIMUM APPLIANCE INPUT RATING IN THOUSANDS OF BTU/H 


6-8 


1 


21 


40 


68 


102 


146 


205 


2 


28 


53 


86 


124 


178 


235 


3 


34 


61 


98 


147 


204 


275 


15 


1 


23 


44 


77 


117 


179 


240 


2 


30 


56 


92 


134 


194 


265 


3 


35 


64 


102 


155 


216 


298 


30 and up 


1 


25 


49 


84 


129 


190 


270 


2 


31 


58 


97 


145 


211 


295 


3 


36 


68 


107 


164 


232 


321 



COMMON VENT CAPACITY 



TOTAL VENT 

HEIGHT 

(H) 

(feet) 


COMMON VENT DIAMETER— (D) /nches 


4 


5 


6 


7 


6 


10 


12 


COMBINED APPLIANCE INPUT RATING IN THOUSANDS OF BTU/H 


6 


48 


78 


111 


155 


205 


320 


NA 


8 


55 


89 


128 


175 


234 


365 


505 


10 


59 


95 


136 


190 


250 


395 


560 


15 


71 


115 


168 


228 


305 


480 


690 


20 


80 


129 


186 


260 


340 


550 


790 


30 


NA 


147 


215 


300 


400 


650 


940 


50 


NA 


NA 


NA 


360 


490 


810 


1,190 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



74 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 





TABLE 504.3(6) 
EXTERIOR MASONRY CHIMNEY 


Number of Appliances 


One 




Appliance Type 


NAT 




Appliance Vent Connection 


Type B double-wall connector 


MINIMUM ALLOWABLE INPUT RATING OF SPACE-HEATING APPLIANCE 
IN THOUSANDS OF BTU PER HOUR 


VENT HEIGHT 
(feet) 


Internal area of chimney (square inches) 


12 


19 


28 


38 


50 


63 


78 


113 


37°F or Greater 






Local 99% Winter Design Temperature: 37°F or Greater 




6 


























8 


























10 


























15 


NA 























20 


NA 


NA 


123 


190 


249 


184 








30 


NA 


NA 


NA 


NA 


NA 


393 


334 





50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


579 


27 to 36°F 






Local 99% Winter Design Temperature: 27 to 36°F 




6 








68 


116 


156 


180 


212 


266 


8 








82 


127 


167 


187 


214 


263 


10 





51 


97 


141 


183 


201 


225 


265 


15 


NA 


NA 


NA 


NA 


233 


253 


274 


305 


20 


NA 


NA 


NA 


NA 


NA 


307 


330 


362 


30 


NA 


NA 


NA 


NA 


NA 


419 


445 


485 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


763 


17 to 26°F 






Local 99% Winter Design Temperature: 17 to 26°F 




6 


NA 


NA 


NA 


NA 


NA 


215 


259 


349 


8 


NA 


NA 


NA 


NA 


197 


226 


264 


352 


10 


NA 


NA 


NA 


NA 


214 


245 


278 


358 


15 


NA 


NA 


NA 


NA 


NA 


296 


331 


398 


20 


NA 


NA 


NA 


NA 


NA 


352 


387 


457 


30 


NA 


NA 


NA 


NA 


NA 


NA 


507 


581 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


5 to 16°F 






Local 99% Winter Design Temperature: 5 to 16°F 




6 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


416 


8 


NA 


NA 


NA 


NA 


NA 


NA 


312 


423 


10 


NA 


NA 


NA 


NA 


NA 


289 


331 


430 


15 


NA 


NA 


NA 


NA 


NA 


NA 


393 


485 


20 


NA 


NA 


NA 


NA 


NA 


NA 


450 


547 


30 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


682 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


972 


-10to4°F 






Local 99% Winter Design Temperature: -10 to 4°F 




6 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


484 


8 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


494 


10 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


513 


15 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


586 


20 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


650 


30 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


805 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


1,003 


-11°F or Lower 






Local 99% Winter Design Temperature: - 1 1 °F or Lower 




Not recommended for any vent configurations 



Note: See Figure B-19 in Appendix B for a map showing local 99 percent winter design temperatures in the United States. 
For SI: °C = [(°F - 32]/1.8, 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



2008 NEW YORK CITY FUEL GAS CODE 



75 



CHIMNEYS AND VENTS 



TABLE 504.3(7a) 
EXTERIOR MASONRY CHIMNEY 



Number of 
Appliances 


Two or more 


Appliance 
Type 


NAT + NAT 


Appliance Vent 
Connection 


TypeB 

double-wall 

connector 



Combined Appliance Maximum 
Input Rating in Thousands of Btu per Hour 



VENT 
HEIGHT 




INTERNAL AREA OF CHIMNEY (square 


inches) 




















(feet) 


12 


19 


28 


38 


50 


63 


78 


113 


6 


25 


46 


71 


103 


143 


188 


246 


NA 


8 


28 


53 


82 


119 


163 


218 


278 


408 


10 


31 


56 


90 


131 


177 


236 


302 


454 


15 


NA 


67 


106 


152 


212 


283 


365 


546 


20 


NA 


NA 


NA 


NA 


NA 


325 


419 


648 


30 


NA 


NA 


NA 


NA 


NA 


NA 


496 


749 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


922 


100 


NA 


NA 


NA 


NA' 


NA 


NA 


NA 


NA 



TABLE 504.3(7b) 
EXTERIOR MASONRY CHIMNEY 



Number of 
Appliances 


Two or more 


Appliance 
Type 


NAT + NAT 


Appliance Vent 
Connection 


TypeB 

double-wall 
connector 



Minimum Allowable Input Rating of 
Space-Heating Appliance in Thousands of Btu per Hour 



VENT 
HEIGHT 


INTERNAL AREA OF CHIMNEY (square inches) 


















(feet) 


12 


19 


28 


38 


50 


63 


78 


113 


37°F or 












Greater 


Lot 


:al 99% Winter Design T< 


smperature: 37°F 


: or Gre? 


iter 


6 























NA 


8 


























10 


























15 


NA 























20 


NA 


NA 


NA 


NA 


NA 


184 








30 


NA 


NA 


NA 


NA 


NA 


393 


334 





50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


579 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


27 to 












36°F 


I 


-ocal 99% Winter Design 


Temperature: 2 


7 to 36°F 




6 








68 


NA 


NA 


180 


212 


NA 


8 








82 


NA 


NA 


187 


214 


263 


10 





51 


NA 


NA 


NA 


201 


225 


265 


15 


NA 


NA 


NA 


NA 


NA 


253 


274 


305 


20 


NA 


NA 


NA 


NA 


NA 


307 


330 


362 


30 


NA 


NA 


NA 


NA 


NA 


NA 


445 


485 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


763 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 



TABLE 504.3(7b) 
EXTERIOR MASONRY CHIMNEY— continued 



Minimum Allowable Input Rating of 
Space-Heating Appliance in Thousands of Btu per Hour 



VENT 
HEIGHT 


INTERNAL AREA OF CHIMNEY (square inches) 


















(feet) 


12 


19 


28 


38 


50 


63 


78 


113 


17 to 










26°F 


I 


..ocal 99% Winter Design Temperature: 17 to 26°F 


6 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


8 


NA 


NA 


NA 


NA 


NA 


NA 


264 


352 


10 


NA 


NA 


NA 


NA 


NA 


NA 


278 


358 


15 


NA 


NA 


NA 


NA 


NA 


NA 


331 


398 


20 


NA 


NA 


NA 


NA 


NA 


NA 


387 


457 


30 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


581 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


862 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


5 to 










16°F 




Local 99% Winter Design Temperature: 5 to 16° F 




6 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


8 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


10 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


430 


15 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


485 


20 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


547 


30 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


682 


50 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


4°For 










Lower 


Local 99% Winter Design Temperature: 4°F or Lower 


Not recommended for any vent configurations 



Note: See Figure B-19 in Appendix B for a map showing local 99 percent 

winter design temperatures in the United States. 
For SI: °C = [(°F - 32]/1.8, 1 inch = 25.4 mm, 1 square inch = 645. 16 mm 2 , 
1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



76 



2008 NEW YORK CITY FUEL GAS CODE 



CHIMNEYS AND VENTS 



TABLE 504.3(8a) 
EXTERIOR MASONRY CHIMNEY 



Number of 
Appliances 


Two or more 


Appliance 
Type 


FAN + NAT 


Appliance Vent 
Connection 


TypeB 

double-wall 

connector 



Combined Appliance Maximum 
Input Rating in Thousands of Btu per Hour 



VENT 

HEIGHT 

(feet) 


INTERNAL AREA OF CHIMNEY (square inches) 


12 


19 


28 


38 


50 


63 


78 


113 


6 


74 


119 


178 


257 


351 


458 


582 


853 


8 


80 


130 


193 


279 


384 


501 


636 


937 


10 


84 


138 


207 


299 


409 


538 


686 


1,010 


15 


NA 


152 


233 


334 


467 


611 


781 


1,156 


20 


NA 


NA 


250 


368 


508 


668 


858 


1,286 


30 


NA 


NA 


NA 


404 


564 


747 


969 


1,473 


50 


NA 


NA 


NA 


NA 


NA 


831 


1,089 


1,692 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


1,921 



TABLE 504.3(8b) 
EXTERIOR MASONRY CHIMNEY 



Number of 
Appliances 


Two or more 


Appliance 
Type 


FAN + NAT 


Appliance Vent 
Connection 


TypeB 

double-wall 

connector 



Minimum Allowable Input Rating of 
Space-Heating Appliance in Thousands of Btu per Hour 



VENT 
HEIGHT 

(feet) 


INTERNAL AREA OF CHIMNEY (square inches) 


12 


19 


28 


38 


50 


63 


78 


113 


37°F or 
Greater 


Loc 


al 99% \ 


Winter D 


esign Te 


imperati 


jre: 37°F 


or Gres 


ter 


6 


























8 


























10 


























15 


NA 























20 


NA 


NA 


123 


190 


249 


184 








30 


NA 


NA 


NA 


334 


398 


393 


334 





50 


NA 


NA 


NA 


NA 


NA 


714 


707 


579 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


1,600 


27 to 
36° F 


I 


_ocal 99 


% Winte 


r Design 


Tempe 


rature: 2 


7 to 36° F 




6 








68 


116 


156 


180 


212 


266 


8 








82 


127 


167 


187 


214 


263 


10 





51 


97 


141 


183 


210 


225 


265 


15 


NA 


111 


142 


183 


233 


253 


274 


305 


20 


NA 


NA 


187 


230 


284 


307 


330 


362 


30 


NA 


NA 


NA 


330 


319 


419 


445 


485 


50 


NA 


NA 


NA 


NA 


NA 


672 


705 


763 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


1,554 



TABLE 504.3(8b) 
EXTERIOR MASONRY CHIMNEY— continued 



Minimum Allowable Input Rating of 
Space-Heating Appliance in Thousand s of Btu per Hour 



VENT 

HEIGHT 

(feet) 


INTERNAL AREA OF CHIMNEY (square inches) 


12 


19 


28 


38 


50 


63 


78 


113 


17 to 
26°F 


Local 99% Winter Design Temperature: 17 to 26°F 


6 





55 


99 


141 


182 


215 


259 


349 


8 


52 


74 


111 


154 


197 


226 


264 


352 


10 


NA 


90 


125 


169 


214 


245 


278 


358 


15 


NA 


NA 


167 


212 


263 


296 


331 


398 


20 


NA 


NA 


212 


258 


316 


352 


387 


457 


30 


NA 


NA 


NA 


362 


429 


470 


507 


581 


50 


NA 


NA 


NA 


NA 


NA 


723 


766 


862 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


1,669 


5 to 
16°F 


Local 99% Winter Design Temperature: 5 to 16°F 


6 


NA 


78 


121 


166 


214 


252 


301 


416 


8 


NA 


94 


135 


182 


230 


269 


312 


423 


10 


NA 


111 


149 


198 


250 


289 


331 


430 


15 


NA 


NA 


193 


247 


305 


346 


393 


485 


20 


NA 


NA 


NA 


293 


360 


408 


450 


547 


30 


NA 


NA 


NA 


377 


450 


531 


580 


682 


50 


NA 


NA 


NA 


NA 


NA 


797 


853 


972 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


1,833 


-10 to 
4°F 


Local 99% Winter Design Temperature: -10 to 4°F 


6 


NA 


NA 


145 


196 


249 


296 


349 


484 


8 


NA 


NA 


159 


213 


269 


320 


371 


494 


10 


NA 


NA 


175 


231 


292 


339 


397 


513 


15 


NA 


NA 


NA 


283 


351 


404 


457 


586 


20 


NA 


NA 


NA 


333 


408 


468 


528 


650 


30 


NA 


NA 


NA 


NA 


NA 


603 


667 


805 


50 


NA 


NA 


NA 


NA 


NA 


NA 


955 


1,003 


100 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


NA 


-11 Tor 
Lower 


Local 99% Winter Design Temperature: -11°F or Lower 


Not recommended for any vent configurations 



Note: See Figure B-19 in Appendix B for a map showing local 99 percent 

winter design temperatures in the United States. 
For SI: °C = [(°F - 32J/1.8, 1 inch = 25.4 mm, 1 square inch = 645.16 mm 2 , 
1 foot = 304.8 mm, 1 British thermal unit per hour = 0.2931 W 



2008 NEW YORK CITY FUEL GAS CODE 



77 



78 2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 6 

SPECIFIC APPLIANCES 



SECTION FGC 601 
GENERAL 

601.1 Scope. This chapter shall govern the approval, design, 
installation, construction, maintenance, alteration and repair of 
the appliances and equipment specifically identified herein. 
The approval, design, installation, construction, maintenance, 
alteration and repair of nongas-fired appliances shall be regu- 
lated by the New York City Mechanical Code. 

601.2 Fireplaces. Fireplaces (solid fuel type or ANSI Z21.50) 
shall be installed with tight-fitting noncombustible fireplace 
doors to control infiltration losses in construction type listed 
here: 

1 . Masonry or factory-built fireplaces designed to allow an 
open burn. 

2. Whenever a decorative appliance (ANSI Standard 
Z2L60 gas-log style unit) is installed in a vented solid 
fuel fireplace. 

3. Vented decorative gas fireplace appliances (ANSI Stan- 
dard Z2 1.50 units). 

Fireplaces shall be provided with a source of combustion air 
as required by the fireplace construction provisions of the New 
York City Building Code. 

601.3 Flame safeguard device. All fuel gas space-heating 
appliances installed or used in a building occupied as a resi- 
dence shall be equipped with an automatic flame safeguard 
device that shall shut off the fuel supply to the main burner or 
group of burners when the flame or pilot light thereof is extin- 
guished. 



SECTION FGC 602 

DECORATIVE GAS-FIRED APPLIANCES FOR 

INSTALLATION IN FIREPLACES 

602.1 General. Decorative appliances for installation in 
approved solid fuel-burning fireplaces shall be tested in accor- 
dance with ANSI Z21.60 and shall be installed in accordance 
with the manufacturer's installation instructions. Manually 
lighted natural gas decorative appliances shall be tested in 
accordance with ANSI Z21.84. 

602.2 Flame safeguard device. Decorative appliances for 
installation in approved solid fuel-burning fireplaces, with the 
exception of those tested in accordance with ANSI Z21.84, 
shall utilize a direct ignition device, an ignitor or a pilot flame 
to ignite the fuel at the main burner, and shall be equipped with 
a flame safeguard device. The flame safeguard device shall 
automatically shut off the fuel supply to a main burner or group 
of burners when the means of ignition of such burners becomes 
inoperative. 

602.3 Prohibited installations. Decorative appliances for 
installation in fireplaces shall not be installed where prohibited 
by Section 303.3. 



SECTION FGC 603 1 

LOG LIGHTERS 

603.1 General. Log lighters shall be tested in accordance with 
CSA 8 and installed in accordance with the manufacturer's 1 
installation instructions. 

603.2 Automatic valves. Automatic valves or semiautomatic I 
valves shall be provided and shall comply with the applicable I 
provisions of ANSI Z2 1 .2 1 . 1 



SECTION FGC 604 

VENTED GAS FIREPLACES 

(DECORATIVE APPLIANCES) 

604.1 General. Vented gas fireplaces shall be tested in accor- 
dance with ANSI Z21.50, shall be installed in accordance with 
the manufacturer's installation instructions and shall be 
designed and equipped as specified in Section 602.2. 

604.2 Access. Panels, grilles and access doors that are required 
to be removed for normal servicing operations shall not be 
attached to the building. 



SECTION FGC 605 
VENTED GAS FIREPLACE HEATERS 

605.1 General. Vented gas fireplace heaters shall be installed 
in accordance with the manufacturer's installation instructions, 
shall be tested in accordance with ANSI Z21.88 and shall be 
designed and equipped as specified in Section 602.2. The 
installation of unvented gas fired space heaters, gas stoves, gas 
logs, gas fireplaces and gas fireplace inserts is prohibited. 

605.2 Separate flues. Separate flues shall be provided for 
every fireplace and fireplace stove. 

605.3 Combustion air supply. The requirements of the 
Energy Conservation Construction Code of New York State 
concerning combustion air supply shall be followed. 



SECTION FGC 606 
RESERVED 



SECTION FGC 607 

COMMERCIAL-INDUSTRIAL INCINERATORS 

AND CREMATORIES 

607.1 Incinerators and crematories, commercial-indus- 
trial. Commercial-industrial-type incinerators and cremato- 
ries shall be constructed and installed in accordance with 
NFPA 82. 

607.2 Compliance. All new and existing refuse disposal sys- 
tems shall be installed, altered and maintained in buildings in 
conformity with the applicable provisions of the New York City 
Air Pollution Control Code. 



2008 NEW YORK CITY FUEL GAS CODE 



79 



SPECIFIC APPLIANCES 



SECTION FGC 608 
VENTED WALL FURNACES 

608.1 Genera!. Vented wall furnaces shall be tested in accor- 
dance with ANSI Z21.49 or Z21.86/CSA 2.32 and shall be 
installed in accordance with the manufacturer's installation 
instructions. 

608.2 Venting. Vented wall furnaces shall be vented in accor- 
dance with Section 503. 

608.3 Location. Vented wall furnaces shall be located so as not 
to cause a fire hazard to walls, floors, combustible furnishings 
or doors. Vented wall furnaces installed between bathrooms 
and adjoining rooms shall not circulate air from bathrooms to 
other parts of the building. 

608.4 Door swing. Vented wall furnaces shall be located so 
that a door cannot swing within 12 inches (305 mm) of an air 
inlet or air outlet of such furnace measured at right angles to the 
opening. Doorstops or door closers shall not be installed to 
obtain this clearance. 

608.5 Ducts prohibited. Ducts shall not be attached to wall 
furnaces. Casing extension boots shall not be installed unless 
listed as part of the appliance. 

608.6 Access. Vented wall furnaces shall be provided with 
access for cleaning of heating surfaces, removal of burners, 
replacement of sections, motors, controls, filters and other 
working parts, and for adjustments and lubrication of parts 
requiring such attention. Panels, grilles and access doors that 
are required to be removed for normal servicing operations 
shall not be attached to the building construction. 



SECTION FGC 609 
FLOOR FURNACES 

609.1 General. Floor furnaces shall be tested in accordance 
with ANSI Z21.48 or Z21.86/CSA 2.32 and shall be installed 
in accordance with the manufacturer's installation instructions. 

609.2 Placement. The following provisions apply to floor fur- 
naces. 

1 . Floors. Floor furnaces shall not be installed in the floor 
of any doorway, stairway landing, aisle or passageway of 
any enclosure, public or private, or in an exit way from 
any such room or space. 

2. Walls and corners. The register of a floor furnace with a 
horizontal warm-air outlet shall not be placed closer than 
6 inches (152 mm) to the nearest wall. A distance of at 
least 18 inches (457 mm) from two adjoining sides of the 
floor furnace register to walls shall be provided to elimi- 
nate the necessity of occupants walking over the 
warm- air discharge. The remaining sides shall be per- 
mitted to be placed not closer than 6 inches (152 mm) to a 
wall. Wall register models shall not be placed closer than 
6 inches (152 mm) to a corner. 

3. Draperies. The furnace shall be placed so that a door, 
drapery or similar object cannot be nearer than 12 inches 
(305 mm.) to any portion of the register of the furnace. 

4. Floor construction. Floor furnaces shall be located so as 
to be readily accessible. Means shall be provided for sup- 



porting the furnace when the grille is removed. Floor fur- 
naces shall be installed only on floors of noncombustible 
construction having at least a 2-hour fire rating, except 
that floor furnace enclosures in one- and two-family 
dwellings shall be constructed of noncombustible mate- 
rials with a fire-resistance rating of at least 1 hour. 

5. Thermostat. The controlling thermostat for a floor fur- 
nace shall be located within the same room or space as 
the floor furnace or shall be located in an adjacent room 
or space that is permanently open to the room or space 
containing the floor furnace. 

609.3 Bracing. The floor around the furnace shall be braced 
and headed with a support framework designed in accordance 
with the New York City Building Code. | 

609.4 Clearance. The lowest portion of the floor furnace shall 
have not less than a 6-inch (152 mm) clearance from the grade 
level; except where the lower 6-inch (152 mm) portion of the 
floor furnace is sealed by the manufacturer to prevent entrance 
of water, the minimum clearance shall be not less than 2 inches 
(51 mm). Where such clearances cannot be provided, the 
ground below and to the sides shall be excavated to form a pit 
under the furnace so that the required clearance is provided 
beneath the lowest portion of the furnace. A 12-inch (305 mm) 
minimum clearance shall be provided on all sides except the 
control side, which shall have an 18-inch (457 mm) minimum 
clearance. 

609.5 Reserved. 1 

609.6 Reserved. 1 

609.7 Enclosures. Enclosures of floor furnaces shall be con- 
structed entirely of noncombustible materials with afire-resis- 
tance rating of at least 1-hour and the enclosure shall bet 
provided with adequate outdoor air to ensure proper combus- 
tion. The enclosure shall be provided with adequate means of 
access for servicing the furnace. 

609.8 Duct temperature. The outlet duct temperature of 
warm-air heating furnaces shall not be greater than 250°F 

(121°C). 

609.9 One- and two-family dwellings. Floor furnace enclo- 
sures shall be constructed of noncombustible materials with a 
fire-resistance rating of at least 1-hour. Means shall be pro- 
vided for supporting the furnace when the grille is removed. 
Clearances shall be provided as per NFPA 54. 



SECTION FGC 610 
DUCT FURNACES 

610.1 General. Duct furnaces shall be tested in accordance 
with ANSI Z83.9 or UL 795 and shall be installed in accor- 
dance with the manufacturer's installation instructions. 

610.2 Access panels. Ducts connected to duct furnaces shall 
have removable access panels on both the upstream and down- 
stream sides of the furnace. 

610.3 Location of draft hood and controls. The controls, 
combustion air inlets and draft hoods for duct furnaces shall be 
located outside of the ducts. The draft hood shall be located in 
the same enclosure from which combustion air is taken. 



80 



2008 NEW YORK CITY FUEL GAS CODE 



SPECIFIC APPLIANCES 



610.4 Circulating air. Where a duct furnace is installed so that 
supply ducts convey air to areas outside the space containing 
the furnace, the return air shall also be conveyed by a duct(s) 
sealed to the furnace casing and terminating outside the space 
containing the furnace. The duct furnace shall be installed on 
the positive pressure side of the circulating air blower. 

1610.5 Unvented duct furnaces. Unvented duct furnaces are 
prohibited. 



1 SECTION FGC 611 

NONRECIRCULATING DSRECT-FIRED INDUSTRIAL 
AIR HEATERS 

611.1 General. Nonrecirculating direct-fired industrial air 
heaters shall be listed to ANSI Z83.4/CSA 3.7 and shall be 
installed in accordance with the manufacturer's instructions. 

611.2 Installation. Nonrecirculating direct- fired industrial air 
heaters shall not be used to supply any area containing sleeping 
quarters. Nonrecirculating direct-fired industrial air heaters 
shall be installed only in industrial or commercial occupancies. 
Nonrecirculating direct- fired industrial air heaters shall be per- 
mitted to provide ventilation air. 

611.3 Clearance from combustible materials. 

Nonrecirculating direct-fired industrial air heaters shall be 
installed with a clearance from combustible materials of not 
less than that shown on the rating plate and in the manufac- 
turer's instructions. 

611.4 Supply air. All air handled by a nonrecirculating 
direct-fired industrial air heater, including combustion air, 
shall be ducted directly from the outdoors. 

611.5 Outdoor air louvers. If outdoor air louvers of either the 
manual or automatic type are used, such devices shall be 
proven to be in the open position prior to allowing the main 
burners to operate. 

611.6 Atmospheric vents and gas reliefs or bleeds. 

Nonrecirculating direct-fired industrial air heaters with valve 
train components equipped with atmospheric vents or gas 
reliefs or bleeds shall have their atmospheric vent lines or gas 
reliefs or bleeds lead to the outdoors. Means shall be employed 
on these lines to prevent water from entering and to prevent 
blockage by insects and foreign matter. An atmospheric vent 
line shall not be required to be provided on a valve train compo- 
nent equipped with a listed vent limiter. 

611.7 Relief opening. The design of the installation shall 
include provisions to permit nonrecirculating direct-fired 
industrial air heaters to operate at rated capacity without 
overpressurizing the space served by the heaters by taking into 
account the structure's designed infiltration rate, providing 
properly designed relief openings or an interlocked power 
exhaust system, or a combination of these methods. The struc- 
ture's designed infiltration rate and the size of relief openings 
shall be determined by approved engineering methods. Relief 
openings shall be permitted to be louvers or counterbalanced 
gravity dampers. Motorized dampers or closable louvers shall 
be permitted to be used, provided they are verified to be in their 
full open position prior to main burner operation. 



611.8 Access. Nonrecirculating direct-fired industrial air heat- 
ers shall be provided with access for removal of burners; 
replacement of motors, controls, filters and other working 
parts; and for adjustment and lubrication of parts requiring 
maintenance. 

611.9 Purging. Inlet ducting, where used, shall be purged by 
not less than four air changes prior to an ignition attempt. 

611.10 Controls. Direct-fired make-up air heaters shall be 
equipped with airflow -sensing devices, safety shutoff devices, 
operating temperature controls and thermally actuated temper- 
ature limit controls in accordance with the terms of their listing. 



SECTION FGC 612 

RECIRCULATING DIRECT-FIRED INDUSTRIAL AIR 

HEATERS 

612.1 General. Recirculating direct-fired industrial air heaters 
shall be listed to ANSI Z83. 18 and shall be installed in accor- 
dance with the manufacturer's installation instructions. 

612.2 Location. Recirculating direct-fired industrial air heat- 
ers shall be installed only in industrial and commercial occu- 
pancies. Recirculating direct-fired air heaters shall not serve 
any area containing sleeping quarters. Recirculating 
direct-fired industrial air heaters shall not be installed in haz- 
ardous locations or in buildings that contain flammable solids, 
liquids or gases, explosive materials or substances that can 
become toxic when exposed to flame or heat. 

612.3 Installation. Direct-fired industrial air heaters shall be 
permitted to be installed in accordance with their listing and the 
manufacturer's instructions. Direct-fired industrial air heaters 
shall be installed only in industrial or commercial occupancies. 
Direct-fired industrial air heaters shall be permitted to provide 
fresh air ventilation. 

612.4 Clearance from combustible materials. Direct-fired 

industrial air heaters shall be installed with a clearance from 
combustible material of not less than that shown on the label 
and in the manufacturer's instructions. 

612.5 Air supply. Air to direct-fired industrial air heaters shall 
be taken from the building, ducted directly from outdoors, or a 
combination of both. Direct-fired industrial air heaters shall 
incorporate a means to supply outside ventilation air to the 
space at a rate of not less than 4 cubic feet per minute per 1 ,000 
Btu per hour (0.38 m 3 per min per kW) of rated input of the 
heater. If a separate means is used to supply ventilation air, an 
interlock shall be provided so as to lock out the main burner 
operation until the mechanical means is verified. Where out- 
side air dampers or closing louvers are used, they shall be veri- 
fied to be in the open position prior to main burner operation. 

612.6 Atmospheric vents, gas reliefs or bleeds. Direct-fired 

industrial air heaters with valve train components equipped 
with atmospheric vents, gas reliefs or bleeds shall have their 
atmospheric vent lines and gas reliefs or bleeds lead to the out- 
doors. 

Means shall be employed on these lines to prevent water 
from entering and to prevent blockage by insects and foreign 
matter. An atmospheric vent line shall not be required to be pro- 



2008 NEW YORK CITY FUEL GAS CODE 



81 



SPECIFIC APPLIANCES 



vided on a valve train component equipped with a listed vent 
limiter. 

612.7 Relief opening. The design of the installation shall 
include adequate provision to permit direct-fired industrial air 
heaters to operate at rated capacity by taking into account, the 
structure's designed infiltration rate, providing properly 
designed relief openings or an interlocked power exhaust sys- 
tem, or a combination of these methods. The structure's 
designed infiltration rate and the size of relief openings shall be 
determined by a registered design professional. Relief open- 
ings shall be permitted to be louvers or counterbalanced gravity 
dampers. Motorized dampers or closable louvers shall be per- 
mitted to be used, provided they are verified to be in their full 
open position prior to main burner operation. 

612.8 Controls. Recirculating direct-fired air heaters shall be 
equipped with airflow-sensing devices, safety shutoff devices, 
operating temperature controls and thermally actuated temper- 
ature limit controls in accordance with the terms of their listing. 



SECTION FGC 613 
CLOTHES DRYERS 

613.1 General. Clothes dryers shall be tested in accordance 
with ANSI Z21.5.1 or ANSI Z21.5.2 and shall be installed in 
accordance with the manufacturer's installation instructions. 



SECTION FGC 614 
CLOTHES DRYER EXHAUST 

614.1 Installation. Clothes dryers shall be exhausted in accor- 
dance with the manufacturer's instructions. Dryer exhaust sys- 
tems shall be independent of all other systems and shall convey 
the moisture and any products of combustion to the outside of 
the building. 

Exception: This section shall not apply to listed and labeled 
condensing (ductless) clothes dryers. 

614.2 Duct penetrations. Ducts that exhaust clothes dryers 
shall not penetrate or be located within any fireblocking, 
draftstopping or any wall, floor/ceiling or other assembly 
required by the New York City Building Code to be fire-resis- 
tance rated, unless such duct is constructed of galvanized steel 
or aluminum of the thickness specified in Table 603.4 of the 
New York City Mechanical Code and the fire-resistance rating 
is maintained in accordance with the New York City Building 
Code. Fire dampers shall not be installed in clothes dryer 
exhaust duct systems. 

614.3 Cleaning access. Each vertical duct riser or dryers listed 
to ANSI Z21.5.2 shall be provided with a cleanout or other 
means for cleaning the interior of the duct. 

614.4 Exhaust installation. Exhaust ducts for clothes dryers 
shall terminate on the outside of the building and shall be 
equipped with a backdraft damper. Screens shall not be 
installed at the duct termination. Ducts shall not be connected 
or installed with sheet metal screws or other fasteners that will 
obstruct the flow. Clothes dryer exhaust ducts shall not be con- 
nected to a vent connector, vent or chimney. Clothes dryer 



exhaust ducts shall not extend into or through ducts or ple- 
nums. 

614.5 Makeup air. Installations exhausting more than 200 cfm 
(0.09 m 3 /s) shall be provided with makeup air. Where a closet is 
designed for the installation of a clothes dryer, an opening hav- 
ing an area of not less than 100 square inches (645 mm 2 ) for 
makeup air shall be provided in the closet enclosure, or makeup 
air shall be provided by other approved means. 

614.6 Domestic clothes dryer ducts. Exhaust ducts for 
domestic clothes dryers shall be constructed of metal and shall 
have a smooth interior finish. The exhaust duct shall be a mini- 
mum nominal size of 4 inches (102 mm) in diameter. The entire 
exhaust system shall be supported and secured in place. The 
male end of the duct at overlapped duct joints shall extend in 
the direction of airflow. Clothes dryer transition ducts used to 
connect the appliance to the exhaust duct system shall be metal 
and limited to a single length not to exceed 8 feet (2438 mm) 
and shall be listed and labeled for the application. Transition 
ducts shall not be concealed within construction. 

614.6.1 Maximum length. The maximum length of a 
clothes dryer exhaust duct shall not exceed 25 feet (7620 
mm) from the dryer location to the outlet terminal . The max- 
imum length of the duct shall be reduced 2.5 feet (762 mm) 
for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for 
each 90-degree (1.6 rad) bend. 

Exception: Listed clothes dryers may be installed in 
accordance with the manufacturer's installation instruc- 
tions. 

614.6.2 Rough-in required. Where a compartment or 
space for a domestic clothes dryer is provided, an exhaust 
duct system shall be installed. 

614.7 Commercial clothes dryers. The installation of dryer 
exhaust ducts serving Type 2 clothes dryers shall comply with 
the appliance manufacturer's installation instructions. Exhaust 
fan motors installed in exhaust systems shall be located outside 
of the airstream. In multiple installations, the fan shall operate 
continuously or be interlocked to operate when any individual 
unit is operating. Ducts shall have a minimum clearance of 6 
inches (152 mm) to combustible materials. 



SECTION FGC 615 
SAUNA HEATERS 

615.1 General. Sauna heaters shall be installed in accordance 
with the manufacturer's installation instructions. 

615.2 Location and protection. Sauna heaters shall be located 
so as to minimize the possibility of accidental contact by a per- 
son in the room. 

615.2.1 Guards. Sauna heaters shall be protected from 
accidental contact by an approved guard or barrier of mate- 
rial having a low coefficient of thermal conductivity. The 
guard shall not substantially affect the transfer of heat from 
the heater to the room. 

615.3 Access. Panels, grilles and access doors that are required 
to be removed for normal servicing operations shall not be 
attached to the building. 



82 



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SPECIFIC APPLIANCES 



615.4 Combustion and dilution air intakes. Sauna heaters of 
other than the direct- vent type shall be installed with the draft 
hood and combustion air intake located outside the sauna 
room. Where the combustion air inlet and the draft hood are in a 
dressing room adjacent to the sauna room, there shall be provi- 
sions to prevent physically blocking the combustion air inlet 
and the draft hood inlet, and to prevent physical contact with 
the draft hood and vent assembly, or warning notices shall be 
posted to avoid such contact. Any warning notice shall be eas- 
ily readable, shall contrast with its background and the wording 
shall be in letters not less than V 4 inch (6.4 mm) high. 

615.5 Combustion and ventilation air. Combustion air shall 
not be taken from inside the sauna room. Combustion and ven- 
tilation air for a sauna heater not of the direct- vent type shall be 
provided to the area in which the combustion air inlet and draft 
hood are located in accordance with Section 304. 

615.6 Heat and time controls. Sauna heaters shall be 
equipped with a thermostat which will limit room temperature 
to 1 94°F (90°C). If the thermostat is not an integral part of the 
sauna heater, the heat-sensing element shall be located within 6 
inches (1 52 mm) of the ceiling. If the heat- sensing element is a 
capillary tube and bulb, the assembly shall be attached to the 
wall or other support, and shall be protected against physical 
damage. 

615.6.1 Timers. A timer, if provided to control main burner 
operation, shall have a maximum operating time of 1 hour. 
The control for the timer shall be located outside the sauna 
room. 

615.7 Sauna room. A ventilation opening into the sauna room 
shall be provided. The opening shall be not less than 4 inches 
by 8 inches (102 mm by 203 mm) located near the top of the 
door into the sauna room. 

615.7.1 Warning notice. The following permanent notice, 
constructed of approved material, shall be mechanically 
attached to the sauna room on the outside: 

WARNING: DO NOT EXCEED 30 MINUTES IN 
SAUNA. EXCESSIVE EXPOSURE CAN BE HARMFUL 
TO HEALTH. ANY PERSON WITH POOR HEALTH 
SHOULD CONSULT A PHYSICIAN BEFORE USING 

SAUNA. 



The words shall contrast with the background and the 
wording shall be in letters not less than 7 4 inch (6.4 mm) 
high. 

Exception: This section shall not apply to one- and 
two-family dwellings. 



SECTION FGC 616 

ENGINE AND GAS TURBINE-POWERED 

EQUIPMENT 

616.1 Powered equipment. Permanently installed equipment 
powered by internal combustion engines and turbines shall be 
installed in accordance with the manufacturer's installation 
instructions and NFPA 37. 



SECTION FGC 617 

POOL AND SPA HEATERS 

617.1 General. Pool and spa heaters shall be tested in accor- 
dance with ANSI Z21.56 and shall be installed in accordance 
with the manufacturer's installation instructions. 



SECTION FGC 618 
FORCED-AIR WARM-AIR FURNACES 

618.1 General. Forced-air warm-air furnaces shall be tested in 
accordance with ANSI Z21 .47 or UL 795 and shall be installed 
in accordance with the manufacturer's installation instructions. 

618.2 Forced-air furnaces. The minimum unobstructed total 
area of the outside and return air ducts or openings to a 
forced-air warm-air furnace shall be not less than 2 square 
inches for each 1,000 Btu/h (4402 mmW) output rating 
capacity of the furnace and not less than that specified in the 
furnace manufacturer's installation instructions. The minimum 
unobstructed total area of supply ducts from a forced-air 
warm-air furnace shall be not less than 2 square inches for each 
1,000 Btu/h (4402 mm 2 /W) output rating capacity of the fur- 
nace and not less than that specified in the furnace manufac- 
turer's installation instructions. 

Exception: The total area of the supply air ducts and outside 
and return air ducts shall not be required to be larger than the 
minimum size required by the furnace manufacturer's 
installation instructions. 

618.3 Dampers. Volume dampers shall not be placed in the air 
inlet to a furnace in a manner that will reduce the required air to 
the furnace. 

618.4 Circulating air ducts for forced-air warm-air fur- 
naces. Circulating air for fuel-burning, forced-air- type, 
warm-air furnaces shall be conducted into the blower housing 
from outside the furnace enclosure by continuous air-tight 
ducts. 

618.5 Prohibited sources. Outside or return air for a forced-air 
heating system shall not be taken from the following locations: 

1. Closer than 10 feet (3048 mm) from an appliance vent 
outlet, a vent opening from a plumbing drainage system 
or the discharge outlet of an exhaust fan, unless the outlet 
is 3 feet (914 mm) above the outside air inlet. 

2. Where there is the presence of objectionable odors, 
fumes or flammable vapors; or where located less than 
10 feet (3048 mm) above the surface of any abutting pub- 
lic way or driveway; or where located at grade level by a 
sidewalk, street, alley or driveway. 

3. A hazardous or insanitary location or a refrigeration 
machinery room as defined in the New York City 
Mechanical Code, 

4. A room or space, the volume of which is less than 25 per- 
cent of the entire volume served by such system. Where 
connected by a permanent opening having an area sized 
in accordance with Section 618.2, adjoining rooms or 
spaces shall be considered as a single room or space for 



2008 NEW YORK CITY FUEL GAS CODE 



83 



SPECIFIC APPLIANCES 



the purpose of determining the volume of such rooms or 
spaces. 

Exception: The minimum volume requirement shall 
not apply where the amount of return air taken from a 
room or space is less than or equal to the amount of 
supply air delivered to such room or space. 

5. A room or space containing an appliance where such a 
room or space serves as the sole source of return air. 

Exception: This shall not apply where: 

1. The appliance is a direct-vent appliance or an 
appliance not requiring a vent in accordance with 
Section 501.8. 

2. The room or space complies with the following 
requirements: 

2.1. The return air shall be taken from a room or 
space having a volume exceeding 1 cubic 
foot for each 10 Btu/h (9.6 LAV) of com- 
bined input rating of all fuel-burning appli- 
ances therein. 

2.2. The volume of supply air discharged back 
into the same space shall be approximately 
equal to the volume of return air taken from 
the space. 

2.3. Return-air inlets shall not be located within 
10 feet (3048 mm) of any appliance fire- 
box or draft hood in the same room or 
space. 

3. Rooms or spaces containing solid fuel-burning 
appliances, provided that return-air inlets are 
located not less than 10 feet (3048 mm) from the 
firebox of such appliances. 

6. A closet, bathroom, toilet room, kitchen, garage, 
mechanical room, boiler room or furnace room. 

618.6 Screen, Required outdoor air inlets for residential por- 
tions of a building shall be covered with a screen having 
7 4 -inch (6.4 mm) openings. Required outdoor air inlets serving 
a nonresidential portion of a building shall be covered with 
screen having openings larger than V 4 inch (6.4 mm) and not 
larger than 1 inch (25 mm). 

618.7 Return-air limitation. Return air from one dwelling 
unit shall not be discharged into another dwelling unit. 



SECTION FGC 619 
CONVERSION BURNERS 

619.1 Conversion burners. The installation of conversion 
burners shall conform to ANSI Z21.8. 



620.2 Support. Suspended-type unit heaters shall be sup- 
ported by elements that are designed and constructed to accom- 
modate the weight and dynamic loads. Hangers and brackets 
shall be of noncombustible material. 

620.3 Ductwork. Ducts shall not be connected to a unit heater 
unless the heater is listed for such installation. 

620.4 Clearance. Suspended-type unit heaters shall be 
installed with clearances to combustible materials of not less 
than 1 8 inches (457 mm) at the sides, 12 inches (305 mm) at the 
bottom and 6 inches (152 mm) above the top where the unit 
heater has an internal draft hood or 1 inch (25mm) above the 
top of the sloping side of the vertical draft hood. 

Floor-mounted- type unit heaters shall be installed with 
clearances to combustible materials at the back and one side 
only of not less than 6 inches (152 mm). Where the flue gases 
are vented horizontally, the 6-inch (152 mm) clearance shall be 
measured from the draft hood or vent instead of the rear wall of 
the unit heater. Floor-mounted-type unit heaters shall not be 
installed on combustible floors unless listed for such installa- 
tion. 

Clearances for servicing all unit heaters shall be in accor- 
dance with the manufacturer's installation instructions. 

Exception: Unit heaters listed for reduced clearance shall 
be permitted to be installed with such clearances in accor- 
dance with their listing and the manufacturer's instructions 
and as approved by the department. 1 



SECTION FGC 621 1 
UNVENTED ROOM HEATERS 

621.1 General. The installation of unvented room heaters is 1 
prohibited. I 

621.2 Reserved. 1 

621.3 Reserved. I 

621.4 Reserved. 1 

621.5 Reserved. 1 

621.6 Reserved. I 

621.7 Reserved. 1 



SECTION FGC 622 
VENTED ROOM HEATERS 

622,1 General. Vented room heaters shall be tested in accor- 
dance with ANSIZ21.il. lor ANSIZ21.86/CSA 2.32, shall be 

designed and equipped as specified in Section 602.2 and shall 
be installed in accordance with the manufacturer's installation 
instructions. 



SECTION FGC 620 
UNIT HEATERS 

620.1 General. Unit heaters shall be tested in accordance with 
ANSI Z83.8 and shall be installed in accordance with the man- 
ufacturer's installation instructions. 



SECTION FGC 623 
COOKING APPLIANCES 

623.1 Cooking appliances. Cooking appliances that are 
designed for permanent installation, including ranges, ovens, 
stoves, broilers, grills, fryers, griddles, hot plates and barbe- 
cues, shall be tested in accordance with ANSI Z21.1, ANSI 



84 



2008 NEW YORK CITY FUEL GAS CODE 



SPECIFIC APPLIANCES 



Z21.58 or ANSI Z83.ll and shall be installed in accordance 
with the manufacturer's installation instructions. 

623.1.1 LPG. Except as may be permitted by the New York 
City Fire Code, cooking appliances using LPG are prohib- 
ited. 

623.2 Prohibited location. Cooking appliances designed, 
tested, listed and labeled for use in commercial occupancies 
shall not be installed within dwelling units or within any area 
where domestic cooking operations occur. 

623.3 Domestic appliances. Cooking appliances installed 
within dwelling units and within areas where domestic cooking 
operations occur shall be listed and labeled as household-type 
appliances for domestic use. 

623.4 Domestic range installation. Domestic ranges installed 
on combustible floors shall be set on their own bases or legs and 
shall be installed with clearances of not less than that shown on 
the label. 

623.5 Open-top broiler unit hoods. A ventilating hood shall 
be provided above a domestic open-top broiler unit, unless oth- 
erwise listed for forced down draft ventilation. 

623.5.1 Clearances. A minimum clearance of 24 inches 
(610 mm) shall be maintained between the cooking top and 
combustible material above the hood. The hood shall be at 
least as wide as the open-top broiler unit and be centered 
over the unit. 

623.6 Commercial cooking appliance venting. Commercial 
cooking appliances, other than those exempted by Section 
501.8, shall be vented by connecting the appliance to a vent or 
chimney in accordance with this code and the appliance manu- 
facturer's instructions or the appliance shall be vented in accor- 
dance with Section 505.1.1. 

623.7 Domestic ventilation. When a hood is provided for a 
domestic cooking appliance, the exhaust and make-up air sys- 
tems shall be properly engineered and designed in accordance 
with Chapter 5 and the New York City Mechanical Code. 



SECTION FGC 624 
WATER HEATERS 

624.1 General. Water heaters shall be tested in accordance 
with ANSI Z 2 1 . 10. 1 and ANSI Z 2 1 . 1 0.3 and shall be installed 
in accordance with the manufacturer's installation instructions. 
Water heaters utilizing fuels other than fuel gas shall be regu- 
lated by the New York City Mechanical Code. 

624.1.1 Installation requirements. The requirements for 
water heaters relative to sizing, relief valves, drain pans and 
scald protection shall be in accordance with the New York 
City Plumbing Code and the following: 

1. No person shall install or maintain in any dwelling 
unit a gas fuel-fired water heater unless the heater 
obtains combustion air directly from the outside of 
the building. 

2. No person shall install or maintain a gas -fueled water 
heater in a room occupied for sleeping purposes, or 
cause or permit to be occupied for sleeping purposes 
any room in which a gas-fueled heater is installed. 



3 . Each heater shall be connected to a flue or outlet pipe. 

624.2 Water heaters utilized for space heating. Water heat- 
ers utilized both to supply potable hot water and provide hot 
water for space-heating applications shall be listed and labeled 
for such applications by the manufacturer and shall be installed 
in accordance with the manufacturer's installation instructions 
and the New York City Plumbing Code. 



SECTION FGC 625 
REFRIGERATORS 

625.1 General. Refrigerators shall be tested in accordance 
with ANSI Z21 . 19 and shall be installed in accordance with the 
manufacturer's installation instructions. 

Refrigerators shall be provided with adequate clearances for 
ventilation at the top and back, and shall be installed in accor- 
dance with the manufacturer's instructions. If such instructions 
are not available, at least 2 inches (51 mm)shall be provided 
between the back of the refrigerator and the wall and at least 12 
inches (305 mm) above the top. 



SECTION FGC 626 1 
GAS-FIRED TOILETS 

626.1 General. Gas-fired toilets are not approved for use in 1 
New York City. i 

626.2 Reserved. 1 



SECTION FGC 627 
AIR CONDITIONING EQUIPMENT 

627.1 General. Gas-fired air-conditioning equipment shall be 
tested in accordance with ANSI Z2 1.40.1 or ANSI Z2 1.40.2 
and shall be installed in accordance with the manufacturer's 
installation instructions. 

627.2 Independent piping. Gas piping serving heating equip- 
ment shall be permitted to also serve cooling equipment where 
such heating and cooling equipment cannot be operated simul- 
taneously (see Section 402). 

627.3 Connection of gas engine-powered air conditioners. 

To protect against the effects of normal vibration in service, gas 
engines shall not be rigidly connected to the gas supply piping. 
Where units are powered by internal combustion engines and 
turbines, installation shall comply with Section 616.1. 

627.4 Clearances for indoor installation. Air-conditioning 
equipment installed in rooms other than alcoves and closets 
shall be installed with clearances not less than those specified 
in Section 308.3 except that air-conditioning equipment listed 
for installation at lesser clearances than those specified in Sec- 
tion 308.3 shall be permitted to be installed in accordance with 
such listing and the manufacturer's instructions and air-condi- 
tioning equipment listed for installation at greater clearances 
than those specified in Section 308.3 shall be installed in accor- 
dance with such listing and the manufacturer's instructions. 

Air-conditioning equipment installed in rooms other than 
alcoves and closets shall be permitted to be installed with 
reduced clearances to combustible material, provided that the 



2008 NEW YORK CITY FUEL GAS CODE 



85 



SPECSFSC APPLIANCES 



combustible material is protected in accordance with Table 
308.2. 

627.5 Alcove and closet installation. Air-conditioning equip- 
ment installed in spaces such as alcoves and closets shall be 
specifically listed for such installation and installed in accor- 
dance with the terms of such listing. The installation clearances 
for air-conditioning equipment in alcoves and closets shall not 
be reduced by the protection methods described in Table 308.2. 

627.6 Installation. Air-conditioning equipment shall be 
installed in accordance with the manufacturer's instructions. 
Unless the equipment is listed for installation on a combustible 
surface such as a floor or roof, or unless the surface is protected 
in an approved manner, equipment shall be installed on a sur- 
face of noncombustible construction with noncombustible 
material and surface finish and with no combustible material 
against the underside thereof. 

627.7 Plenums and air ducts. A plenum supplied as a part of 
the air-conditioning equipment shall be installed in accordance 
with the equipment manufacturer's instructions. Where a ple- 
num is not supplied with the equipment, such plenum shall be 
installed in accordance with the fabrication and installation 
instructions provided by the plenum and equipment manufac- 
turer. The method of connecting supply and return ducts shall 
facilitate proper circulation of air. 

Where air-conditioning equipment is installed within a 
space separated from the spaces served by the equipment, the 
air circulated by the equipment shall be conveyed by ducts that 
are sealed to the casing of the equipment and that separate the 
circulating air from the combustion and ventilation air. 

627.8 Refrigeration coils. A refrigeration coil shall not be 
installed in conjunction with a forced-air furnace where circu- 
lation of cooled air is provided by the furnace blower, unless 
the blower has sufficient capacity to overcome the external 
static resistance imposed by the duct system and cooling coil at 
the air throughput necessary for heating or cooling, whichever 
is greater. Furnaces shall not be located upstream from cooling 
units, unless the cooling unit is designed or equipped so as not 
to develop excessive temperature or pressure. Refrigeration 
coils shall be installed in parallel with or on the downstream 
side of central furnaces to avoid condensation in the heating 
element, unless the furnace has been specifically listed for 
downstream installation. With a parallel flow arrangement, the 
dampers or other means used to control flow of air shall be suf- 
ficiently tight to prevent any circulation of cooled air through 
the furnace. 

Means shall be provided for disposal of condensate and to 
prevent dripping of condensate onto the heating element. 

627.9 Cooling units used with heating boilers. Boilers, 
where used in conjunction with refrigeration systems, shall be 
installed so that the chilled medium is piped in parallel with the 
heating boiler with appropriate valves to prevent the chilled 
medium from entering the heating boiler. Where hot water 
heating boilers are connected to heating coils located in 
air-handling units where they might be exposed to refrigerated 
air circulation, such boiler piping systems shall be equipped 
with flow control valves or other automatic means to prevent 
gravity circulation of the boiler water during the cooling cycle. 



627.10 Switches in electrical supply line. Means for inter- 
rupting the electrical supply to the air-conditioning equipment 
and to its associated cooling tower (if supplied and installed in a 
location remote from the air conditioner) shall be provided 
within sight of and not over 50 feet (15 240 mm) from the air 
conditioner and cooling tower. 



SECTION FGC 628 
ILLUMINATING APPLIANCES 

628.1 General. Illuminating appliances shall be tested in 
accordance with ANSI Z21.42 and shall be installed in accor- 
dance with the manufacturer's installation instructions. 

628.2 Mounting on buildings. Illuminating appliances 
designed for wall or ceiling mounting shall be securely 
attached to substantial structures in such a manner that they are 
not dependent on the gas piping for support. 

628.3 Mounting on posts. Illuminating appliances designed 
for post mounting shall be securely and rigidly attached to a 
post. Posts shall be rigidly mounted in accordance with the 
requirements of the New York City Building Code. Drain open- 
ings shall be provided near the base of posts where there is a 
possibility of water collecting inside them. 

628.4 Appliance pressure regulators. Where an appliance 
pressure regulator is not supplied with an illuminating appli- 
ance and the service line is not equipped with a service pressure 
regulator, an appliance pressure regulator shall be installed in 
the line to the illuminating appliance. For multiple installa- 
tions, one regulator of adequate capacity shall be permitted to 
serve more than one illuminating appliance. 



SECTION FGC 629 
SMALL CERAMIC KILNS 

629.1 General. Ceramic kilns with a maximum interior vol- 
ume of 20 cubic feet (0.566 m 3 ) and used for hobby and non- 
commercial purposes shall be installed in accordance with the 
manufacturer's installation instructions and the provisions of 
this code. 



SECTION FGC 630 
INFRARED RADIANT HEATERS 

630.1 General. Infrared radiant heaters shall be tested in 
accordance with ANSI Z83.6 and shall be installed in accor- 
dance with the manufacturer's installation instructions. 

630.2 Support. Infrared radiant heaters shall be safely and 
adequately fixed in an approved position independent of gas 
and electric supply lines. Hanger and brackets shall be of 
noncombustible material. 



SECTION FGC 631 
BOILERS 

631.1 Standards. Boilers shall be listed in accordance with the 
requirements of ANSI Z21.13 or UL 795. If applicable, the 
boiler shall be designed and constructed in accordance with the 
requirements of ASME CSD-1 and as applicable, the ASME 



86 



2008 NEW YORK CITY FUEL GAS CODE 



SPECIFIC APPLIANCES 



Boiler and Pressure Vessel Code, Sections I, II, IV, V, VI and 
IX, NFPA 8501, NFPA 8502 and NFPA 8504. Low-pressure 
boilers shall conform to the requirements of 12 NYCRR Part 4 
and high-pressure boilers shall conform to the requirements of 
12 NYCRR Part 14. 

631.2 Installation. In addition to the requirements of this code, 
the installation of boilers shall be in accordance with the manu- 
facturer's instructions and the New York City Mechanical Code. 
Operating instructions of a permanent type shall be attached to 
the boiler. Boilers shall have all controls set, adjusted and tested 
by the installer. A complete control diagram together with 
complete boiler operating instructions shall be furnished by the 
installer. The manufacturer's rating data and the nameplate 
shall be attached to the boiler. 

6313 Clearance to combustible materials. Clearances to 
combustible materials shall be in accordance with Section 
308.4. 



SECTION FGC 634 
CHIMNEY DAMPER OPENING AREA 

634.1 Free opening area of chimney dampers. Where an 
unlisted decorative appliance for installation in a vented fire- 
place is installed, the fireplace damper shall have a permanent 
free opening equal to or greater than specified in Table 634. 1 . 



SECTION FGC 632 

EQUIPMENT INSTALLED IN EXISTING UNLISTED 

BOILERS 

632.1 General. Gas equipment installed in existing unlisted 
boilers shall comply with Section 631.1 and shall be installed 
in accordance with the manufacturer's instructions and the New 
York City Mechanical Code. 



SECTION FGC 633 
FUEL CELL POWER PLANTS 

633.1 General. Stationary fuel-cell power plants having a 
power output not exceeding 1 ,000 kW shall be tested in accor- 
dance with ANSI Z21.83 and shall be installed in accordance 
with the manufacturer's installation instructions and NFPA 
853. 



TABLE 634.1 

FREE OPENING AREA OF CHIMNEY DAMPER FOR VENTING FLUE GASES 

FROM UNLISTED DECORATIVE APPLIANCES FOR INSTALLATION IN VENTED FIREPLACES 



CHIMNEY HEIGHT 
(feet) 


MINIMUM PERMANENT FREE OPENING (square inches) 9 


8 


13 


20 


29 


39 


51 


64 


Appliance input rating (Btu per hour) 


6 


7,800 


14,000 


23,200 


34,000 


46,400 


62,400 


80,000 


8 


8,400 


15,200 


25,200 


37,000 


50,400 


68,000 


86,000 


10 


9,000 


16,800 


27,600 


40,400 


55,800 


74,400 


96,400 


15 


9,800 


18,200 


30,200 


44,600 


62,400 


84,000 


108,800 


20 


10,600 


20,200 


32,600 


50,400 


68,400 


94,000 


122,200 


30 


11,200 


21,600 


36,600 


55,200 


76,800 


105,800 


138,600 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 square inch = 645.16m 2 , 1 British thermal unit per hour = 0.2931 W. 

a. The first six minimum permanent free openings (8 to 51 square inches) correspond approximately to the cross-sectional areas of chimneys having diameters of 3 
through 8 inches, respectively. The 64-square-inch opening corresponds to the cross-sectional area of standard 8-inch by 8-inch chimney tile. 



2008 NEW YORK CITY FUEL GAS CODE 



87 



88 2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 7 

RESERVED 



OQ 

2008 NEW YORK CITY FUEL GAS CODE 



90 

2008 NEW YORK CITY FUEL GAS CODE 



CHAPTER 8 

REFERENCED STANDARDS 



SECTION FGC 801 
GENERAL 

801.1 General. This chapter lists the standards that are referenced in various sections of this document. The standards are listed 
herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections 
of this document that reference the standard. 

801.2 Subsequent additions, modifications or deletions. Refer to the rules of the department for any subsequent additions, modi- 
fications or deletions that may have been made to these standards in accordance with Section 28- 1 03.19 of the Administrative Code. 
8013 Applicability. The application of the referenced standards shall be as specified in Section 102.8 of this code. 

SECTION FGC 802 
STANDARDS 



ANSI 



Standard 

reference 
number 



Z21.1— 00 
Z2 1.5. 1—99 
Z21.5.2— 99 
Z2 1.8—94 
Z2 1.10. 1—00 
Z21.10.3— 98 

Z21.ll. 1—91 

Z21. 13—99 

Z21.15— 97 
Z2 1.1 9— 90 
Z2 1.21— 05 
Z21.40.1— 96 
Z2 1.40.2— 96 

Z21.42— 93 

Z21.47— 00 
Z2 1.48— 92 

Z2 1.49— 92 

Z2 1.50— 98 
Z21.56— 98 

Z21.58— 95 
Z2 1.60— 00 
Z2 1.69— 97 

Z2 1.83— 98 
Z2 1.84— 99 

Z21.86— 98/CSA 2.32 M98 
Z2 1.88— 99 
Z83.4— 99/CSA 3.7 
Z83.6— 90 (R 1998) 



American National Standards Institute 
25 West 43rd Street 
Fourth Floor 

New York, NY 1 0036 . 

~~~ Referenced 

in code 

T . , section number 
line __„ . — 4 

Household Cooking Gas Appliances ■ 6231 

Gas Clothes Dryers - Volume 1 -Type 1 Clothes Dryers 6 13 - 1 

Gas Clothes Dryers - Volume II- Type 2 Clothes Dryers with Z21.5.2a-99 and Z21.5.2b-99 Addenda 613.1, 614.3 

Installation of Domestic Gas Conversion Burners 6l9,1 

Gas Water Heaters - Volume I - Storage, Water Heaters with Input Ratings of 75,000 Btu per Hour or Less 624.1 

Gas Water Heaters - Volume III - Storage, Water Heaters with Input Ratings Above 

75,000 Btu per hour, Circulating and Instantaneous Water Heaters— with Z21.10.3a-99 Addendum 624. 1 

Gas-Fired Room Heaters -Volume I - Vented Room Heaters— with 

1993 Addendum (Replaced by Z21.86-98/CSA 2.32 - M98, Vented Gas-Fired Space Heating Appliances) 622.1 

Gas-Fired Low-Pressure Steam and Hot Water Boilers— with 

Addenda Z21.13a-1993 and Z2 1.1 3b- 1994 63U 

Manually Operated Gas Valves for Appliances, Appliance Connector Valves, and Hose End Valves 409. LI 

Refrigerators Using Gas (R 1999) Fuel— with Addenda Z721. 19a- 1992 (R1999) and Z2 1.1 9b- 1995 (R1999) 625.1 

Automatic Valves for Gas Appliances ■ 6032 

Gas-Fired Heat Activated Air Conditioning and Heat Pump Appliances— with Z21.40.la-98 Addendum 627.1 

Gas-Fired Work Activated Air Conditioning and Heat Pump 

Appliances (Internal Combustion)— with Z21.40.2a-97 Addendum 627.1 

/TOO 1 

Gas-Fired Illuminating Appliances DZ0 - i 

Gas-Fired Central Furnaces— with Addendum Z21.47a-00. 618.1 

Gas-Fired Gravity and Fan Type Floor Furnaces— with 1 993 

Addendum (Replaced by Z21.86-98/CSA 2.32-M98, Vented Gas-Fired Space Heating Appliances) 609.1 

Gas-Fired Gravity and Fan-Type Vented Wall Furnaces— with 1993 Addendum B-94 

(Replaced by Z2L86-98/CSA 2.32-M98, Vented Gas-Fired Space Heating Appliances) 608.1 

Vented Decorative Gas Appliances 60L2 > 604 - ! 

Gas-Fired Pool Heaters— with Addendum Z21 ,56a-99 . 617 - 1 

Outdoor Cooking Gas Appliances— with Addendum Z21.58a-1998 6231 

Decorative Gas Appliances for Installation in Solid-Fuel Burning Fireplaces 601.2, 602. 1 

Connectors for Movable Gas Appliances 41 ■ • 

Fuel Cell Power Plants • 6331 

Manually -Lighted, Natural Gas Decorative Gas Appliances for Installation in 

Solid Fuel Burning Fireplaces 6021 ' 602 ' 2 

Gas-Fired Vented Space Heating Appliances 608.1, 609.1, 622.1 

Vented Gas Fireplace Heaters ■ 6051 

Non-Recirculating Direct-Gas-Fired Industrial Air Heaters with Addendum Z83.4a-2001 611.1 

Gas-Fired Infrared Heaters ■ 63CU 



2008 NEW YORK CITY FUEL GAS CODE 



91 



REFERENCED STANDARDS 



Z83.8— 96 
Z83.9— 96 
Z83.ll— 00 

Z83.18— 90 



ANSI — continued 

Gas-Fired Unit Heaters—with Addendum Z83.8a-1997 620.1 

Gas-Fired Duct Furnaces 610 | 

Gas Food Service Equipment (Ranges and Unit Broilers), Baking 

and Roasting Ovens, Fat Fryers, Counter Appliances and Kettles, Steam Cookers, and Steam Generators 623.1 

Recirculating Direct Gas-Fired Industrial Air Heaters with Addenda Z83a 2001 and Z83.18b 1 992 612.1 



ASME 



Standard 
reference 
number 



B 1.20.1— R92 
B 16. 1—98 
B 16.20— 98 
B 16.33— 90 
B36.10M— 00 
1 BPVC— 01 
CSD-1— 98 



American Society of Mechanical Engineers 

Three Park Avenue 

New York, NY 10016-5990 



Title 



Referenced 

in code 

section number 



Pipe Threads, General Purpose (inch) 403.9 

Cast Iron Pipe Flanges and Flanged Fittings, Class 25, 125 and 250 403.12 

Metallic Gaskets for Pipe Flanges Ring-Joint, Spiral-Wound, and Jacketed — with Addendum B16.20a-2000 403.1 2 

Manually Operated Metallic Gas Valves for Use in Gas Piping Systems up to 1 25 psig (Sizes 1 /2 through 2) 409. 1 . 1 

Welded and Seamless Wrought-Steel Pipe 403 4 2 

ASME Boiler & Pressure Vessel Code (2001 Edition) 406.1.1.1, 406.1.1.2, 631.1 

Controls and Safety Devices for Automatically Fired Boilers with the ASME CSD-la-1999 Addendum 631.1 



ASNT 



Standard 
reference 
number 



SNT-TC-1A— 01 



American Society for Nondestructive Testing 
3200 Riverside Drive 
Columbus, OH 43221 



Title 



Referenced 

in code 

section number 



Recommended Practice 406 



1.1.1 



ASTM 



Standard 
reference 
number 



A 53/A 53M— 01 
A 106—99 



B241/B241M— 00 
B 280—99 

C 64—72 (1977) 

C 315-00 



ASTM International 

100 Barr Harbor Drive 

West Conshohocken, PA 19428-2959 

Referenced 
in code 

section number 

Specification for Pipe, Steel, Black and Hot Dipped Zinc-Coated Welded and Seamless 403.4.2 

Specification for Seamless Carbon Steel Pipe for High-Temperature Service 403.4.2 

Specification for Aluminum and Aluminum- Alloy, Seamless Pipe and Seamless Extruded Tube 403.4.4, 403.5.3 

Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service 403.5.2 

Withdrawn No Replacement (Specification for Fireclay Brick Refractories for Heavy 

Duty Stationary Boiler Service) 503 1 2 5 

Specification for Clay Flue Linings 501 12 



AWWA 



Standard 
reference 
number 



1 Clll/A 21.1 1—00 



American Water Works Association 
6666 West Quincy Avenue 
Denver, CO 80235 



Title 



Referenced 

in code 

section number 



Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings 403 1 2 



92 



2008 NEW YORK CITY FUEL GAS CODE 



REFERENCED STANDARDS 



CSA 



Standard 
reference 
number 



CSA 8—93 
(Revision 1,1999 



Canadian Standards Association 

178 Rexdale Blvd. 

Rexdale (Toronto), Ontario, Canada M9W 1R3 



Title 



Referenced 

in code 

section number 



Requirements for Gas-Fired Log Lighters for Wood Burning Fireplaces 603.ll 



MSS 



Standard 
reference 
number 



SP-6— 96 
SP-58— 93 



NFPA 



Standard 
reference 
number 



30A— 03 

37—02 

54—06 

68—02 

69—92 

82—99 

88B— 97 

211—00 

853—00 

8501—97 

8502—99 

8504—96 



Manufacturers Standardization Society of 
the Valve and Fittings Industry, Inc. 
127 Park Street, Northeast 
Vienna, VA 22180 MSS 



Title 



Referenced 

in code 

section number 



Standard Finishes for Contact Faces of Pipe Flanges and Connecting-End Flanges of Valves and Fittings 403. 12 

Pipe Hangers and Supports— Materials, Design and Manufacture 4Q72 



National Fire Protection Association 

1 Battery march Pike 

P.O. Box 9101 

Quincy, MA 02269-9101 



Title 



Referenced 

in code 

section number 



Code for Motor Fuel-Dispensing Facilities and Repair Garages 305 - 4 I 

t .i-11 .j.- ._ _„ J n„„ ~£ Ct„*; n „n«, r^nmUuictlnn Innmnpc r\r\r\ C\c\<2. Tnrhinf*^ O 1 1>. 1 ■ 



Installation and Use of Stationary Combustion Engines and Gas Turbines 

National Fuel Gas Code 

Guide for Venting of Deflagrations 

Standard on Explosion Prevention Systems 

Incinerators, Waste and Linen Handling Systems and Equipment 

Repair Garages 

Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances 502.1, 503.5.2, 503.5.3, 503.5.6.1, 503.5.6.3 

Standard for the Installation of Stationary Fuel Cell Power Plants 

Standard for Single Burner Boiler Operations 

Standard for the Prevention of Furnace Explosions/Implosions in Multiple Burner Boilers 63 1. . 1 

Standard on Atmospheric Fluidized-Bed Boiler Operations 



501 .2.2, 609.9 ( 

E.2.1 

E.2.1 

607.1 

305.4 



633.1 
631.1 



.631.1 



NYC/NYS 



Standard 
reference 
number 



New York City Codes / New York State Codes / NYC Agencies 

Referenced 
in code 

_. . section number 

Title „ — — — — 

Energy Conservation Construction Code of New York State 301 - 2 > 605 - 3 

New York City Air Pollution Control Code 607 * 2 

New York Cty Budding Code based on 2003 IBC .. . . . . ^^^ ^SiS'SS, 

407.1, 501.1, 501.3, 501.12, 501.15.4, 503.5.3, 601.2, 609.3, 614.2, 628.3, 

New York City Department of Environmental Protection 304.6, 304.9, 501.1.1.1, 503.5.9 

New York City Electrical Code based on 2002 NEC 201.3, 306.3.1, 306.4.1, 306.5.2, 309.2 

kt v ^ /-. c- n a* 201.3,303.4 

New York City Fire Code 

New Yo* City Meenan.ca, Code based on 2003 IMC. ffiSiSSS K 

New York City Plumbing Code based on 2003 IPC 201.3, 301.6, 624.1.1, 624.2 

New York Codes, Rules and Regulations, 12NYCRRPart4 63U 

New York Codes , Rules and Regulations, 12 NYCRR Part 14 63] - ] 



2008 NEW YORK CITY FUEL GAS CODE 



93 



REFERENCED STANDARDS 



UL 



Standard 
reference 
number 



103—98 

441—96 

641—95 

795—99 

959—01 

1738—93 

1777—98 



Underwriters Laboratories Inc. 

333 Pfingsten Road 

Northbrook, IL 60062 

Referenced 
T - , in code 

, . section number 

Factory-Built Chimneys, Residential Type and Building Heating Appliances— with Revisions thru March 1999 506.1 

Gas Vents— with Revisions through April 1999 502 1 

Type L Low-Temperature Venting Systems— with Revisions through April 1999 502. 1 

Commercial-Industrial Gas Heating Equipment 5jq I 61 8 1 63 1 1 

Medium Heat Appliance Factory-Built Chimneys 5 q 6 3 

Venting Systems for Gas Burning Appliances, Categories II, III and IV with Revisions through December 2000 502.1 

Chimney Liners — with Revisions through July 1998 501 12 501 15 4 



94 



2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX A 

RESERVED 



2008 NEW YORK CITY FUEL GAS CODE 95 



96 2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX B 

RESERVED 



2008 MEW YORK CITY FUEL GAS CODE 97 



98 2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX C 

RESERVED 



2008 NEW YORK CSTY FUEL GAS CODE " 



1 00 2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX D 

RESERVED 



2008 NEW YORK CITY FUEL GAS CODE 1 01 



1 02 2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX E 

METERS AND GAS SERVICE PIPING 



E.l General. This appendix addresses the requirements for 
meters and service piping, underground or aboveground, as the 
piping enters the building. Service piping includes fuel-gas 
piping, valves, and fittings upstream of the point of delivery. 
Service piping may include piping supplied by the gas service 
utility, as well as other service piping furnished by the owner 
serving multiple buildings on the same lot. 

E.2 Gas regulator and gas regulator vent outlets. Gas meter 
piping supplying gas to a building at a pressure in excess of V 2 
psig (3.4 kPa gauge) shall be provided with a regulator that will 
reduce the pressure of the gas to V 2 psig (3.4 kPa gauge) or less 
prior to entering the gas distribution piping in the building, 
except where the use of higher pressure is permitted. Where gas 
distribution pressure in excess of V 2 psig (3.4 kPa gauge) is per- 
mitted, it shall be regulated not to exceed the maximum pres- 
sure level as permitted by the code or the commissioner. 

E.2.1 Inside gas meter piping operating at a pressure in 
excess of 15 psig (103 kPa gauge) shall comply with the fol- 
lowing: 

1. Where such piping is greater than 4 inches (102 mm) 
in diameter, the meter piping shall be installed in a 
properly ventilated meter room of 3 -hour fire-rated 
construction. 

2. The maximum distance from the service line valve to 
the regulator shall be limited as follows: 



SERVICE LINE VALVE SIZE 


MAXIMUM DISTANCE 
(LINEAR FEET OF PIPE) 


Up through 2-inch (5 1 mm) pipe size 


4 feet (1219 mm) 


Over 2-inch (5 1 mm) through 4-inch 
(102 mm) pipe size 


8 feet (2438 mm) 


Over 4-inch (102 mm) through 8-inch 
(203 mm) pipe size 


15 feet (4572 mm) 


10-inch (254 mm) pipe size and larger 


20 feet (6096 mm) 



Where these maximum distances cannot be met, the 
following shall be required: 



For new gas installations made in existing structures, the 
above requirements shall be used to the extent feasible. 
Alternate designs may be considered by the commissioner. 

E.2.2 When located inside the building, each regulator shall 
be provided with a vent pipe that leads directly to the out- 
door air. The vent pipe shall be sized according to local util- 
ity requirements. The vent outlet shall not be located under a 
window or any opening leading back into the premises or 
located below any overhang or projection. No gas regulator 
vent outlet shall be covered over, plugged up, or otherwise 
obstructed, and all gas vents shall be identified by suitable 
marking on the outlet on the outside of the building. 

E.2.3 Gas appliance pressure regulators requiring access to 
the atmosphere for successful operation shall be equipped 
with vent leading to the outdoors, unless constructed or 
equipped with a vent-limiting means to limit the escape of 
gas from the vent opening in the event of diaphragm failure. 

E.3 Gas meter location. Gas meter location shall comply with 
the following: 

1 . When located inside the building, meters shall be located 
as near as practicable to the point of entrance of the ser- 
vice and, where possible, the meters shall be located in 
the cellar or basement unless otherwise permitted by the 
commissioner. The meter location shall be clean, dry, 
and free of refuse, steam or chemical fumes. Meters shall 
be adequately protected against extreme cold or heat and 
shall be readily accessible for reading and inspection. 
The area in which the meter is located shall be properly 
ventilated as per Section E.4. Notwithstanding the fore- 
going, outside meter installation shall be permitted in 
areas where the utility company certifies that dry gas is 
being distributed. 

2. In a multiple dwelling, no gas meter, other than the 
replacement of an existing meter shall be located in any 
boiler room or other room or space containing a heating 
boiler, in any stair hall, nor in any public hall above the 
cellar or above the lowest story if there is no cellar. How- 
ever, in any multiple dwelling where there is an existing 
gas meter located in any boiler room or other room or 
space containing a heating boiler, one additional gas 



FOOTAGE (LINEAR FEET OF PIPE) IN 
EXCESS OF ABOVE REQUIREMENTS 


ADDITIONAL REQUIREMENTS 


Up to 5 feet (1534 mm) 


The meter room shall have 3 hour fire-rating construction and adequate ventilation 


Over 5 feet (1524 mm) through 10 feet 
(3048 mm) 


Above requirements plus a combustible gas-detection alarm system 


Over 10 feet (3048 mm) through 15 
feet (4572 mm) 


Above requirements plus special inspection by the customer, or his or her representative as required 
by the New York City Building Code. 


Over 15 feet (4572 mm) through 20 
feet (6096 mm) 


Above requirements plus explosion venting per NFPA 68 and NFPA 69 or alternative ventilation 
acceptable to the commissioner and automatic gas shutoff devices 


Over 20 feet (6096 mm) 


Above requirements plus suitable fire protection approved by the commissioner 



2008 NEW YORK CITY FUEL GAS CODE 



103 



APPENDIX E 



meter may be installed in such room or space, provided 
such additional gas meter is installed adjacent to the 
existing gas meter and is used in conjunction with the 
supply of gas for a gas-fired heating boiler or a gas-fired 
water heater used as a central source of supply of heat or 
hot water for the tenants residing in such multiple dwell- 
ing. Such additional gas meter may be installed only 
upon the condition that space heaters or hot water appli- 
ances in the dwelling units are eliminated. 

3. Gas meter rooms, when provided, shall at all times be 
kept clear of all rubbish; and shall not be used in any way 
for storage purposes, including material or equipment of 
any kind. A legible sign reading "Gas meter room — No 
storage permitted" shall be permanently and conspicu- 
ously posted on the exterior of the meter room door, 
except that the sign may be posted on the interior of the 
meter room door in Occupancy Group R-3. The lettering 
of such signs shall be of bold type at least 1 inch (25 mm) 
in height and shall be properly spaced to provide good 
legibility. The lettering and background shall be of con- 
trasting colors. Where gas meters and related equipment 
are not located in a separate room but are located in an 
open floor area, no combustible material shall be stored 
or kept within 5 feet (1524 mm) of such equipment; nor 
shall the gas meter be within 3 feet (914 mm) of any heat- 
ing boiler or sources of ignition and, except Occupancy 
Group R-3, there shall be a physical barrier required if 
the room is also used for storage purposes or the like. 

4. The installation of gas meter piping shall be made in 
accordance with the requirements of this code and the 
local utility company. 

5. Piping containing gas with a pressure exceeding V 2 psig 
(3.4 kPa gauge) and the gas service pressure regulator 
which may be subjected to accidental vehicular impact 
shall be suitably protected. 

E.4 Gas meter room ventilation. Any one of the following 
methods shall be considered sufficient to provide proper venti- 
lation to a room or space in which a gas meter(s) is installed: 

1 . An opening to the outside air in the wall of such room or 
space, provided the free area of the opening is not less 
than 30 square inches (19 321 mm 2 ). 

2. A duct having a cross-section area of at least 50 square 
inches (32 522 mm 2 ) of free area and a maximum length 
of 15 feet (4572 mm) leading to the outside air. If a lon- 
ger duct is required due to the building construction, the 
area of the duct should be increased accordingly, subject 
to the approval of the commissioner. However, under no 
circumstances shall the means of ventilation for the gas 
meter room or space be from an adjoining room or space 
within the building. 

The above requirement is not applicable to one- and 
two-family dwellings, since the gas meter is available for con- 
tinuous supervision. 

E.5 Gas service piping connections. Gas service piping con- 
nections shall comply with the following: 

1 . Gas service piping shall be fitted with a gas service line 
valve, the valve located on the supply side of the meter 



and service regulator, if a service regulator is required. If 
a plug-type valve is used, it shall be constructed so as to 
prevent the core from being blown out by the pressure of 
the gas. In addition, it shall be of a type capable of being 
locked in the off position by the local gas utility. When 
the gas service line valve is inside the building, it shall be 
in an accessible location within 2 feet (610 mm) of the 
point where the gas service connection enters the build- 
ing or at such other location as may be permitted by the 
commissioner. Where the gas service connection is 
installed through a building wall below ground, it shall 
be protected with a wall sleeve extending at least 4 inches 
(1 02 mm) beyond the outer side of the wall and at least 1 
inch (25 mm) beyond the inner side of the wall. The 
sleeve shall be sealed at both ends to prevent the entry of 
water and gas. Gas service connections, installed 
through ground slab construction, shall be protected with 
a floor sleeve sealed at both ends to prevent the entry of 
water and gas. The sleeve shall extend at least 4 inches 
(102 mm) above the floor, and shall be installed as speci- 
fied by the utility company providing the service. It shall 
terminate at least4 inches (102 mm) outside the building. 

2. In all high-pressure areas, the utility company providing 
the service may inspect the gas service line valve and 
regulator in accordance with the provisions of 16 
NYCRR Part 255 in addition to the department in accor- 
dance with Section 406 of this code. 

3. No gas service shall enter a structure at a horizontal dis- 
tance of less than 10 feet (3048 mm) from the cellar ter- 
mination of a stairway, nor shall any gas meters or gas 
regulators be located less than 10 feet (3048 mm) from 
such stairway termination. Where such services, meters 
and regulators are separated from the stairway termina- 
tion by a permanent partition or wall having a fire-resis- 
tance rating of at least 1 hour, the foregoing shall not 
apply. Unless forbidden by other provisions of this code, 
locations under a stairway are exempt from this require- 
ment. 

4. When the structure is erected on fill or on piles, provision 
shall be made to preclude possible damage to the gas ser- 
vice piping caused by settlement. 

5. The installation of gas service piping shall be made in 
accordance with the requirements of the utility corpora- 
tion providing the service as regulated by the provisions 
of 16 NYCRR Part 255. Further, such installation shall 
meet the requirements of the department. 

6. Gas service piping outside a structure shall be installed 
not less than 24 inches (610 mm) below grade, except 
that a lesser distance of not less than 1 8 inches (457 mm) 
may be permitted, provided the piping is adequately pro- 
tected in accordance with the requirements of this code 
and the utility corporation supplying service, and the 
piping is not located below a driveway. Any piping that 
is exposed to outdoor temperatures or installed under- 
ground with a cover of less than 2 feet (6 10 mm) shall be 
protected against frost, except that frost protection may 
be omitted in areas where the utility company certifies 
that dry gas is being distributed. 



104 



2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX E 



E.6 Outside gas cut-off. Outside gas cut-off shall comply with 
the following: 

1. An outside gas service line valve or other outside emer- 
gency shutoff device or other means acceptable to the 
commissioner and the Fire Commissioner shall be 
installed in every gas service pipe outside the building. If 
buried, such valve, device or method shall be readily 
accessible from grade. Every existing service which is 
being replaced or refurbished shall be provided with 
such valve, device or means, but in any event, all existing 
gas services shall be provided with such valve, device or 
method by January 1, 2010. However, in R-3 occupancy 
the completion date shall be January 1, 2020. The utility 
company shall provide the Fire Department with suitable 
tools for operation of such emergency shutoff valves, 
devices or means. The number of such tools required for 
supplying Fire Department units shall be determined by 
the Fire Department. On or before January 31, of each 
year, the utility company shall report to the department 
and the Fire Department the actual number of emergency 
shutoff valves installed for the preceding year. 

2. If the outside gas service line valve, emergency shutoff 
device or means is located below ground, it shall be 
installed in a protective housing, and a cover, easily iden- 
tifiable shall be provided for the housing. The cover shall 
be flush with the surface of the ground and kept clear at 
all times so as to be accessible for immediate use. 

3. The valve or emergency shutoff device shall be capable 
of being readily operated by removing the cover of the 
housing and inserting a portable key or other device over 
the operating end of the valve or emergency shutoff 
device. 

4. If the outside gas service line valve is located above 
ground, it shall be suitably protected to prevent acciden- 
tal vehicular impact and must be installed in accordance 
with provisions of 16 NYCRR Part 255. 

5. Where a gas-fired generator provides required emer- 
gency power in accordance with the New York City 
^Building Code such generator shall have an outside gas 
cut-off valve that is separate from other gas services to 
the buildings. Such valves shall be identified by signage. 



2008 NEW YORK CSTY FUEL GAS CODE 



105 



106 2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX F 

PLASTIC FUEL-GAS PIPING 



El General. This appendix addresses and regulates the appli- 
cation of plastic piping for outdoor underground service. The 
plastic piping may be utilized for outdoor direct burial applica- 
tion. 

E2 Plastic piping design requirements. Plastic piping, either 
insert or direct burial, may be installed subject to the following 
restrictions: 

1 . Wherever plastic insert piping is used, the existing pip- 
ing shall act as a mechanical protection between the 
plastic piping and the surrounding environment. The 
gas pipe shall be prepared to the extent necessary to 
remove any sharp edges, projections, or abrasive mate- 
rial which could damage the plastic during and after 
insertion. Plastic piping shall be inserted into the cas- 
ing pipe in such a manner as to protect the plastic during 
the installation. The leading end of the plastic shall be 
closed before insertion. Care shall be taken to prevent 
piping from bearing on the end of the casing. 

2. Persons engaged in the installation of the plastic piping 
shall be formally trained, qualified and certified by the 
serving utility company. 

3. Plastic piping shall not extend more than 3 inches (76 
mm) beyond the inner face of the building wall, and 
shall not be exposed inside the building. Plastic piping 
may extend into the building a maximum of 1 foot (305 
mm) horizontally and 4 feet (1219 mm) vertically 
immediately adjacent to the inner face of the building 
wall when encased in a metallic sleeve and constructed 
and vented so that uncontrolled gas cannot escape from 
the metallic sleeve inside the building. 

4. Joints shall only be either mechanical or heat fusion 
joints. Each plastic pipe fusion joint must be made in 
accordance with written procedures that have been 
proven by destructive burst test to produce joints at 
least as strong as the pipe being joined. 

4. 1 . When plastic pipe or fittings of different material 
specifications are joined together by heat fusion, 
a thorough investigation shall be made to deter- 
mine that the materials are compatible for joining 
purposes. The joining method used must be com- 
patible with the materials being joined. The rec- 
ommendations of the manufacturer shall be 
considered when determining the method to be 
used. 

4.2. When compression-type mechanical joints are 
used, the gasket material in the coupling must be 
compatible with the plastic. An internal tubular 
rigid stiff ener shall be used in conjunction with 
the coupling. The tubular stiff ener shall reinforce 
the end of the pipe and shall extend at least to the 
outside end of the compression fitting when 
installed. The stiffener shall be free of rough or 



sharp edges and shall not be a force fit in the plas- 
tic. A split tubular stiffener shall not be used. 

5. Changes in direction with plastic piping may be made 
with bends, elbows and tees. Bends shall be free of 
buckles, cracks, or other evidence of damage. No miter 
joints are permitted. The pipe may be bent or deflected 
provided the radius shall not be less than the minimum 
recommended by the manufacturer. 

6. The minimum allowable wall thickness for plastic pipe 
shall be 0.09 inches (2 mm). 

7. Plastic pipe shall be laid, and continuously supported, 
on undisturbed or well-compacted soil to minimize 
shear stresses. Backfill material for at least 4 inches 
(102 mm) over the plastic pipe shall be free from large 
rocks or sharp objects. The trench shall be backfilled to 
a height of 12 inches (305 mm) above the pipe in 6-inch 
(152 mm) lifts which shall be hand compacted. The 
remaining trench shall be backfilled in 12-inch (305 
mm) lifts. 

8. An electrically continuous corrosion-resistant tracer 
wire (minimum AWG 14) or tape shall be buried with 
the plastic pipe to facilitate locating the buried gas pipe. 
The tracer wire or tape shall be yellow in color. One end 
of the tracer wire shall be brought aboveground at a 
building wall or riser for easy identification. 

9. Slack for thermal expansion and contraction or for 
external loading on direct-buried plastic services shall 
be provided by snaking the pipe from one side of the 
trench to the other. Where plastic piping is inserted for 
a distance of 50 feet (15 240 mm) or more allowances 
shall be made at the end connections to prevent pull out 
caused by thermal or by external loading. 

1 0. External sleeves shall be used on plastic service lines at 
main connections to minimize shear stresses. 

1 1 . Plastic pipe shall not be installed in areas where it may 
be exposed to temperatures below 20°F (-7°C) or 
above 140°F (60°C). Plastic pipe shall not be installed 
within 35 feet (10 688 mm) of an underground steam 
facility, nor in any vault in which a steam facility is 
located. 

12. The specific plastic pipe or fitting to be used shall be 
thoroughly investigated by the user and material ser- 
viceability determined for the conditions anticipated. 
The selected material shall be adequately resistant to 
the liquids and the chemical atmosphere which may be 
encountered. Care shall be exercised at all times to pro- 
tect plastic material from fire, excessive heat or harm- 
ful chemicals. 

13. The design pressure is not to exceed 100 psig (690 kPa 
gauge) for plastic gas service piping. 



2008 NEW YORK CITY FUEL GAS CODE 



107 



APPENDIX F 



14. The design pressure for plastic gas service piping or the 
nominal wall thicknesses for a given design pressure 
shall be determined by one of the following equations: 



P = 2SxF 
tf-1 



P = 2StxF 



D-t 



(Equation F-l) 



(Equation F-2) 



where: 

D = Specified outside diameter, inches. 

P = Design pressure, psi. 

S = Long-term hydrostatic strength, psi (determined in 
accordance with ASTM D2513). 

t = Specified wall thickness, inches. 

F - Plastic design factor = .32. 

R - Standard dimension ratio. 

F.3 Inspection and handling provisions. Plastic piping com- 
ponents are susceptible to damage by mishandling. Gouges, 
cuts, kinks, or other forms of damage may cause failure. Injuri- 



ous gouges or grooves shall be removed by cutting out the dam- 
aged portion as a cylinder and replacing it with a good piece. 
Care shall be exercised during handling and installation to pre- 
vent such damage. The serving utility shall inspect plastic pip- 
ing and its components to ensure the absence of imperfections 
in materials, to ensure sound joints are made, and to ensure 
conformance with applicable state regulations. 

F.4 Plastic pipe sizing. Tables F.4.1, F.4.2 and F.4.3 shall be 
used to size polyethylene plastic pipes for various inlet pres- 
sures and design pressure drops for plastic piping systems. 



TABLE F.4.1 
POLYETHYLENE PLASTIC PIPE 



Gas 


Natural 


Inlet Pressure 


1.0 psi or less 


Pressure Drop 


0.3 inch WC 


Specific Gravity 


0.60 





PIPE SIZE (in.) 


Nominal OD 


% 


% 


1 


iv 4 


l'/ 2 


2 


Designation 


SDR 9.33 


SDR 11.0 


SDR 11.00 


SDR 10.00 


SDR 11.00 


SDR 11.00 


Actual ID 


0.660 


0.860 


1.077 


1.328 


1.554 


1.943 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour Capacity in Cubic Feet of Gas per Hour 


10 


153 


305 


551 


955 


1,442 


2,590 


20 


105 


210 


379 


656 


991 


1,780 


30 


84 


169 


304 


527 


796 


1,430 


40 


72 


144 


260 


451 


681 


1,224 


50 


64 


128 


231 


400 


604 


1,084 


60 


58 


116 


209 


362 


547 


983 


70 


53 


107 


192 


333 


503 


904 


80 


50 


99 


179 


310 


468 


841 


90 


46 


93 


168 


291 


439 


789 


100 


44 


88 


159 


275 


415 


745 


125 


39 


78 


141 


243 


368 


661 


150 


35 


71 


127 


221 


333 


598 


175 


32 


65 


117 


203 


306 


551 


200 


30 


60 


109 


189 


285 


512 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283 mVh, 1 pound per square inch = 6.895 kPa, 1-inch water column = 0.2488 kPa. 



108 



2008 NEW YORK CITY FUEL GAS CODE 



APPENDIX F 



TABLE F.4.2 
POLYETHYLENE PLASTIC PIPE 



Gas 


Natural 


Inlet Pressure 


1.0 psi or less 


Pressure Drop 


0.5 inch WC 


Specific Gravity 


0.60 





PIPE SIZE (in.) 


Nominal OD 


% 


-v 4 


1 


1V 4 


1V 2 


2 


Designation 


SDR 9.33 


SDR 11.0 


SDR 11.00 


SDR 10.00 


SDR 11.00 


SDR 11.00 


Actual ID 


0.660 


0.860 


1.077 


1.328 


1.554 


1.943 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour 


10 


201 


403 


726 


1,258 


1,900 


3,415 


20 


138 


277 


499 


865 


1,306 


2,347 


30 


111 


222 


401 


695 


1,049 


1,885 


40 


95 


190 


343 


594 


898 


1,613 


50 


84 


169 


304 


527 


796 


1,430 


60 


76 


153 


276 


477 


721 


1,295 


70 


70 


140 


254 


439 


663 


1,192 


80 


65 


131 


236 


409 


617 


1,109 


90 


61 


123 


221 


383 


579 


1,040 


100 


58 


116 


209 


362 


547 


983 


125 


51 


103 


185 


321 


485 


871 


150 


46 


93 


168 


291 


439 


789 


175 


43 


86 


154 


268 


404 


726 


200 


40 


80 


144 


249 


376 


675 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283m 3 /h, 1 pound per square inch = 6.895 kPa, 1-inch water column = 0.2488 kPa. 



2008 NEW YORK CITY FUEL GAS CODE 



109 



APPENDIX F 



TABLE F.4.3 
POLYETHYLENE PLASTIC PIPE 



Gas 


Natural 


Inlet Pressure 


2.0 psi 


Pressure Drop 


1.0 psi 


Specific Gravity 


0.60 





PIPE SIZE (in.) 






Nominal OD 


\ 


3 U 


1 


1V 4 


V/ 2 


2 


Designation 


SDR 9.33 


SDR 11.0 


SDR 11.00 


SDR 10.00 


SDR 11.00 


SDR 11.00 


Actual ID 


0.660 


0.860 


1.077 


1.328 


1.554 


1.943 


Length (ft) 


Maximum Capacity in Cubic Feet of Gas per Hour 




10 


1,858 


3,721 


6,714 


11,631 


17,565 


31,560 


20 


1,277 


2,557 


4,614 


7,994 


12,072 


21,691 


30 


1,026 


2,054 


3,706 


6,420 


9,695 


17,419 


40 


878 


1,758 


3,172 


5,494 


8,297 


14,908 


50 


778 


1,558 


2,811 


4,869 


7,354 


13,213 


60 


705 


1,412 


2,547 


4,412 


6,663 


11,972 


70 


649 


1,299 


2,343 


4,059 


6,130 


11,014 


80 


603 


1,208 


2,180 


3,776 


5,703 


10,246 


90 


566 


1,134 


2,045 


3,543 


5,351 


9,614 


100 


535 


1,071 


1,932 


3,347 


5,054 


9,081 


125 


474 


949 


1,712 


2,966 


4,479 


8,048 


150 


429 


860 


1,551 


2,688 


4,059 


7,292 


175 


395 


791 


1,427 


2,473 


3,734 


6,709 


200 


368 


736 


1,328 


2,300 


3,474 


6,241 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 cubic foot per hour = 0.0283m 3 /h, 1 pound per square inch = 6.895 kPa. 



110 



2008 NEW YORK CITY FUEL GAS CODE 



INDEX 
RESERVED 



2008 NEW YORK CITY FUEL GAS CODE 1 1 1 



1 1 2 2008 NEW YORK C!TY FUEL GAS CODE 





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